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^I 


THE 


COLONIAL    LAWS 


MASSACHUSETTS. 


REPRINTED    FROM  THE   EDITION    OF    1672, 

WnU    THE    SUPPLEMENTS    THROUGH    i6S6. 


Pui)ltsl)rl!    l)u    Ortirr   of  tljr    (JTtty    Couuril    of   Boston, 

L\V/-:h'    TJIE   SUPERVISION  OF  WILLIAM  II.   IVIIITMORE, 
Record  Commissioner. 


CONTAINING   A   NliW   AND   COMPLETE    INDEX. 


B  O  S  T  O  N  : 

I  S87. 


I'KESSWOKK     BY     ROCKWEI.I.     AND    rUfUCMIII.I. 


CITY      PKINTEKS 


62520 

SANTA  BAKBAhA  uOLLEU£  LIBRA] 


^''■'^'  f-  t'ALlHOKMA 


INTRODUCTION. 


The  City  Council  of  Boston  hav'ing  directed  the  Record 
Conimissionei-s  to  prepare  and  puljlish  an  edition  of  the  Colonial 
]ja\vs  in  force  prior  to  the  Second  Charter,  the  following'  volume 
is  the  result. 

The  various  issues  of  Laws  under  the  First  or  Colonial  Char- 
ter were  as  follows:  In  1(541  the  Body  of  Liberties  was  j)repared 
by  Rev.  Xathaniel  Ward,  of  IpsAvich,  and,  after  I'cvision,  was 
adojjted  for  three  years  by  order  of  the  General  Court.  It  was 
probably  never  printed,  but  in  184.')  Ihe  late  Francis  C.  Gray 
announced  that  a  manuscript  copy  had  been  discovered  by  him  in 
a  volume  preserved  in  the  Boston  Athenjenm.  A  careful  tran- 
script was  ])ublished  by  him  in  the  Collections  of  the  IMassachu- 
setts  Historical  Society,  3d  Series,  Vol.  VIII. 

In  1(548  the  first  edition  of  the  Laws  of  the  Colony  was 
printed;  but  that  issue  seems  to  be  utterly  lost  and  unattainable. 

Supplements  W'ere  printed  from  time  to  time,  and  in  K5G0  a 
second  Revision  was  put  to  i)ress.  Copies  of  this  second  edition 
are  extant  in  various  libraries.  The  third  Revision  was  pub- 
lished in  1G72,  and  is  hereinafter  reproduced.  Supplements  were 
afterwards  issued,  consisting  sometimes  of  a  single  act,  until  the 
overthrow  of  the  Colonial  government  and  the  termination  of  the 
First  Charter,  May  20,  1(58(5.  Under  Andros  the  form  of  the  laws 
was  entirely  altered;  but  with  the  Second  Charter,  establishing  the 
Province  of  Massachusetts  Bay,  the  old  forms  of  legislation  were 
revived.  As  is  well  known,  the  Acts  and  Resolves  of  the  Prov- 
ince are  in  course  of  republication,  under  the  able  supervision  of 
Abner  C.  Goodell,  the  first  volume  bearing  date  in  18G1>.  The 
earliest  act  in  that  series  is  dated  Xov.  10,  1(502. 


IV  Introduction. 

The  edition  of  1GT2  was  selected  as  the  liasis  for  this  repro- 
duction because  it  afforded  a  certainty  as  to  the  legishition  on  and 
after  that  date.  Every  revision  is  apt  to  contain  not  only  the  sub- 
stance of  previous  statutes,  but  such  changes  as  seem  to  the 
editors  to  be  imperatively  demanded.  The  edition  of  KKiO,  if  re- 
printed Avith  all  its  Supplements,  would  not  have  rendered  unneces- 
sary the  reprinting  of  the  edition  of  1072.  Tl  is  hojied,  however, 
that  hereafter  orders  may  be  given  foi-  a  similar  reproduction  of 
the  edition  of  1660,  and  for  such  a  volume  ai-e  reserved  all  biblio- 
graphical notes  on  the  subject. 

The  jDresent  volume  is  reproduced  IVom  an  original,  by  the 
photo-electrotype  process.  After  a  careful  consideration  of  the 
subject,  it  apj^eared  that  the  slightly  increased  cost  of  the  plates 
over  ordinary  type-work  was  countei'balanced  by  the  saving  in 
proof-reading,  coi-i-ections,  and  si^ecial  types.  By  this  process 
the  reader  has  Ijcfore  him  what  is,  in  theory,  an  exact  reproduction 
of  the  original  piloted  ])ages,  ps-inted  in  regular  foi'm  with  print- 
ers' ink.  Every  i)eculiarity  of  the  original  is  reproduced,  even  to 
the  errors  of  the  text,  the  imperfections  of  the  type,  and  the 
quaint  ornaments  of  the  titles.  T^o  proof-i-eader  can  pretend  to 
greater  accuracy  than  the  camera;  and,  where  an  error  in  sense  is 
obvious,  the  student  feels  siu-e  that  the  mistake  was  in  the  original. 

But,  as  most  human  inventions  fall  short  of  perfection,  it  must 
be  added  that  photography  is  not  quite  infallible.  The  imperfec- 
tions of  the  original  are  exaggerated,  the  shadows  caused  1)}'  the 
deep  impressions  of  the  types  cause  a  raggedness  in  the  co])y,  and 
occasionally  a  blurred  letter  barely  discernible  in  the  old  text  be- 
comes nothing  but  a  l)lot  in  the  new.  Then  the  j)late  requires  the 
touch  of  the  graver's  tool  to  correct  the  outline,  or  a  letter  has 
to  be  cut  out  and  i-e])laced  by  a  type.  Herein,  alone,  there  is  a 
possibility  of  error,  and  that  possibility  is,  doubtless,  less  than 
that  of  an  oversight  on  the  pai-t  of  a  prool-rcader  in  case  the 
entire  volume  has  been  set  u[)  with  modci-u  type.  Every  j^ossible 
care  has  been  taken  by  I'epcated  collations  of  each  page  of  the 
new  with  its  original,  and  it  is  confidently  hoped  that  [\w.  ei-rors, 
at  most,  ai'e  of  single  letters,  not  affecting  the  sense,  and  easily 
corrected  bv  the  context. 


Introduction.  v 

By  tlie  kindness  of  the  Trustees  of  the  Boston  Athenfciun, 
the  editor  has  had  the  use  of  a  copy  of  the  edition  of  1C72,  with 
the  Supplements,  now  preserved  in  that  Ubrary.  It  is  a  volume 
unequalled  by  any  other  extant,  and  is  as  near  a  perfect  collection 
as  can  be  imagined.  It  was  the  property  of  Elisha  Hutchinson, 
who  died  in  1717,  and  who  was  the  grandfather  of  Gov.  Thomas 
Hutchinson.  Mr.  F.  C.  Gray  has  pointed  out  that  this  volume 
contains  the  only  known  copy  of  the  Body  of  Liberties  of  Kill;  it 
also  contains  the  Laws  of  1G72,  and  every  printed  Sujjplement 
which  has  yet  been  found  anywhere.  I  have  sul)joined  a  particu- 
lar account  of  these  Supplements,  and  will  only  say  that  ample 
space  is  left  in  my  edition  for  the  insertion  of  any  new  discoveries 
or  recoveries. 

The  great  difficulty,  in  deciding  upon  the  completeness  of  the 
transcript  lure  given,  is,  that  Secretary  Kawson  made  serious 
errors  in  the  pagination  of  his  successive  issues.  To  estal^lish  this 
point  the  reader  is  referred  to  the  pages  numbered  (in  large 
type)  211-210.  He  will  see  that  even  at  that  early  stage  of  the 
pagination  there  are  two  sets  of  pages  numbered  11,  12,  and  13, 
in  the  original.  Evidently  Rawson  discovered  his  mistake,  and 
corrected  it,  making  his  issue  of  October  7,  1674,  begin  with  the 
propel-  page,  17.  But  he  did  not  get  his  signatures  (at  the  foot  of 
the  page)  correct  again,  until  he  reached  page  2.5  (my  page  225), 
with  signature  G,  as  he  put  signature  D  on  page  19. 

In  due  order  pages  17  and  18  should  have  been  signature  D; 
pages  19,  20,  and  21,  signature  E;  page  223,  signature  F;  and 
jjage  25  (225),  signature  G,  as  it  stands. 

The  fact  that  Hutchinson  does  not  insert  any  oilier  l)roadsides 
from  page  21  to  25,  except  the  Council  Order,  which  I  number 
page  223,  makes  it  quite  probable  that  no  other  laws  were  printed 
and  issued  in  that  period.  Still,  I  am  not  quite  positive  that  no 
broadside  of  Laws  was  issued,  because  there  was  a  biief  session  of 
the  General  Court  on  July  9,  1G75,  and  some  matters  were  really 
laws.  But  Hutchinson  notes  in  writing  on  his  copy,  page  21,  as 
follows:  — 

"July  9,  1()75.     I'hat    part   of  y'  Law,  page   78,  luipowei-ing 


VT  Introduction. 

the  Treasurer  to  license  persons  to  sell  Armes,  etc.,  to  the  Indians 
is  hereby  Repealed.  Castle  Sonld"  not  Exempt  from  Watches  in 
any  Extraordinary  Cases."  It  is  an  almost  unavoidable  inference 
that,  had  these  clauses  been  printed,  Hutchinson  would  not  have 
written  them  down. 

From  page  25  to  page  43,  inclusive,  everything  in  regu- 
lar ordei-.  Page  44  is  doubtless  the  blank  verso  of  page  43, 
and  is  so  marked  by  Hutchinson,  who,  however,  inserts  at 
that  point  a  Council  Order,  dated  April  4,  1676,  printed  by 
me  in  the  Appendix,  page  337.  Although  I  have  counted  in 
a  Council  Order  as  page  23,  it  seems  as  if  that  was  the 
sole  exception  to  the  rule  of  counting  only  the  laws  passed 
by  the  General  Court,  and  also  of  allowing  in  the  pagina- 
tion  for   blank   versos. 

Pages  45—48  inclusive  are  coi'rect,  and  then  Rawson  l^e- 
gins  the  Laws  of  May  23,  1677,  Avith  page  49,  in  due  regu- 
lar course.  But  Hutchinson  puts  into  his  copy  at  this  point 
the  Court  Order  of  May  3,  1676,  jorinted  by  me  as  page  248a; 
and  also  a  Coui't  Order  of  May  3,  1676,  printed  by  me  in 
the  Appendix,  page  337;  three  pages  of  Laws  about  Tything- 
men  (Appendix,  pages  339-341) ;  a  Council  Order  of  March  29, 
1677  (see  my  Appendix,  page  345)  ;  and  a  Council  Order  of  April 
9,  1677   (see  my  Appendix,  page  347). 

It  will  be  noted  that  I  have  inserted  in  the  text  at  this 
point  extra  page  248a,  with  its  blank  verso.  This  I  do  be- 
cause it  seems  to  be  an  official  publication,  witli  the  Colony 
seal  to  it,  though  I  tail  to  find  any  such  law  recorded  in 
the  otScial  record,  and  although  Hutchinson  had  written,  at 
the  foot  of  his  page  48,  "There  was  no  more  laws  made  in 
this  year  1(576."  Rawson  makes  page  49,  in  regular  course,  sig- 
natui'e  M,  and  evidently  did  not  recognize  this  extra  sheet.  I 
therefore  insert  it,  but  do  not  include  it  in  my  new  pagination. 

From  this  point,  through  l)age  72,  the  paging  is  regular,  but 
on  page  63  the  signature  is  G3,  an  eri-or  for  03,  and  page  77  is 
not  numbered.  But  from  ])ag('  7.'>  to  page  87  there  is  a  mani- 
fest blunder  again,  or  there  are  pages  missing  in  Hutchinson's 
copy. 


Introduction.  vii 

Page  7o  is  doubtless  the  blank  page  of  a  four-page  issue,  of 
which  pages  74  and  75  are  printed.  It  is  so  numbered  in  Hutch- 
inson. Then  there  is  a  similar  four-page  sheet,  with  printing 
on  the  two  inside  pages  only  (ray  pages  277-280),  dated  ^lay 
19,  l(jS(),  and  not  munbered.  Then  comes  signature  S,  pages 
77-79,  dated  Oct.  L'{,  1G80;  next  a  single  page  (Laws  of  March 
4,  1G80,  my  page  2S5) ;  and  we  then  come  to  pages  87-92, 
signatui-e   W. 

It  will  be  seen  that  the  simple  jilan  of  counting  the  blank 
versos  and  titles  to  four  jiage-sheets  will  bring  page  87  into  its 
right  place  as  my  i)age  287.  It  is  also  seen  that  signature 
T  is  missing,  but  undoubtedly  belongs  to  my  page  285.  But 
I  am  not  sure  that  there  was  not  another  broadside  of  one  page 
printed,  because  at  this  point  Hutchinson  inserts  in  manuscript 
certain  Laws  ])assed  at  the  General  Court,  16  March,  1680-1. 
These   I   have   printed    in   my  Apj^endix,  page  351. 

Pages  87-92  are  all  in  order,  as  signature  W.  Pages  9;}-96 
make  signature  X.  But  here  Hutchinson  inserts  the  Law  of  ^fay 
24,  1682,  concerning  foreign  coin,  which  I  have  numbered  202a, 
so  as  to  retain  the  old  paging.  This  may  be  the  missing  signature 
W,  though  it  is  not  allowed  for  in  the  original  paging. 

After  page  9(>  Hutchinson  inserts  two  pages  of  Laws  of  Oct. 
11,  1682,  Avhich  I  print  as  pages  29Ga  and  296h.  These  ai"e 
genuine,  and  there  seems  to  be  no  reason  for  tliis  omission  in 
Rawson's  calculations. 

But  Kawson  begins  his  Laws  for  February  and  March,  1682-.3, 
with  signature  Y,  pages  97-99 ;  then  prints  the  Laws  of  October  10, 
168;},  as  pages  98-99;  signature  Y  also  (thus  duplicating  pages 
98-99),  as  the  inside  pages  of  a  four-page  issue;  and  again  prints 
pages  100-101,  signature  Z,  as  the  inside  pages  of  a  sheet,  being 
the  Laws  ot  May  7,  1684. 

Then  Kawson  makes  page  103  his  signature  Aa. 

Now,  it  is  evident  that  from  page  97  onward  the  reckoning  was 
lost.  Signatiu'cs  Aa,  Bb,  and  Cc,  cover  pages  103-111,  but  signa- 
ture Dd  is  pages  121-123,  and  signature  Ee  is  pages  12.1-126. 
It  is  impossible  to  resist  the  surmise  that  121  was  a  mistake  for 
112.     Hutchinson  has    preserved    several    of  the    sheets,  but    not 


viii  Introduction. 

enough  to  account  for  tlic  gap  from  page  111  to  121,  and  yet  he 
may  have  collected  all  that  there  were. 

In  this  state  of  aliairs  I  have  prhited  all  the  sheets  in  lluteh- 
insou,  allowing  blank  pages  for  versos,  etc.,  and  have  kept  my  new 
contiiHions  ])aginalion  at  the  toj),  for  convenience  in  reference. 

In  detail,  I  note  that  page  10(3  is  evidently  a  blank  verso ;  but 
signature  Bb  ends  with  a  blank  page,  verso  to  100,  and  signature 
Cc  (i)age  110-111)  is  a  four-page  sheet,  with  only  the  inside  pages 
in  i)rint:  yet  the  paging  makes  no  account  of  the  blanks. 

After  page  111  Hutchinson  inserts  a  Law  of  January  28,  ItJSl- 
.')  (my  page  327),  and  a  manuscript  copy  of  the  Law  of  March  18, 
1681:-.">  (printed  in  my  A]ipendix.  page  35o).  He  states  that  this 
Law  was  engrossed  and  published  by  the  order  of  the  Court,  and 
left  on  file;  hence  a  printed  copy  may  yet  be  found.  If  that 
Law  covered  the  inside  pages  of  a  four-page  sheet,  and  all 
the  blank  versos  were  counted  after  page  109,  we  might  make 
out  to  begin  signature  Dd  with  page  121,  as  Rawson  did.  It 
is  to  be  noted,  also,  that  there  was  a  shoi't  session  of  the 
Genei'al  Couit  (m  May  6,  1(385,  and  a  Law  was  ])ass(>d  amendatory 
of  the  Law  of  March  18  pi-evious.  This  may  have  also  been 
printed,  and  have  lu'lped  to  (ill  out  the  a])pai-ent  gaj)  in  the  itagi- 
nation. 

Hutchinson  also  inserts  a  Council  Oi'der  of  Ajjril  2,  l(iS5, 
concei-ning  Goffe,  the  Pirate  (see  my  Appendix,  page  355). 

It  is  to  be  noted  that  in  this  last  sheet  the  Laws  rcdating  to 
Imposts  and  to  "Wills  were  ])assc'd  May  27,  1G85,  and  thai  iusi'vti'd 
between  them  aiv  the  Laws  relating  to  Fences,  to  Treasurers,  and 
to  Attachments,  ])assed  Oct.  11,  1685.  There  were  other  meetings 
of  the  General  Court  between  these  dates. 


I  desire  to  acknowledge  the  courtesy  of  Dr.  George  H. 
Moore,  of  the  Lenox  Library,  in  examining  the  jiroof-sheets  of 
this  issue.  His  collection  of  tin;  Laws  is  undoubtedly  better  than 
that  in  any  other  pi'i\ale  collection,  but  I  understand  that  he  is 
unable  to  add  an\(hing  to  the   text    here  given. 


IfUroducdon,  IX 


The  old  Index  of  1()72  wjis  reprinted  as  an  integral  part  of 
the  book,  but  a  new  Index,  comprising  the  whole  volume,  has  been 
prepared  by  Mr.  Frederick  E.  Goodrich  of  this  city. 


A  few  Errata  are  to  be  noticed  in  the  present  limited  edition, 
to  be  corrected  hereafter. 

On  ]).      41    add  the  signature     II. 
"      "     J;>7  correct  the  signature  to  li. 
"     "     140  add  the  catch-word  "  To." 
"     "    168  amend  the  signature  Kr. 
Also  note  that  in  the  original  tlie  impression  of  the  Colony 
Seal  faces  the  title-page,  but  in  this  issue  it  is  put  on  tlic  verso  of 
the  title. 


Lastly  I  would  give  tlie  unnecessary  caution  that  all  the  sur- 
mises and  explanations  made  in  this  preface  do  not  affect  the 
integrity  of  the  text.  I  have  reprinted  every  known  supplement, 
and  have  left  enough  blank  jiagcs  for  corrections.  Wiiether  or 
not  a  few  more  pages  will  ever  be  found,  I  believe  the  reader  has 
an  exact  transcript  of  a  unique  text,  the  very  best  one  obtainable. 

I  would  earnestly  retpiest  any  one  who  may  note  any  errors 
in  this  edition,  or  any  additions  to  the  text,  to  conununicate  with 
me,  the  plates  are  preserved  for  future  issues. 

WILLIAM  II.  WIIITMORE, 

Record  Commissioner. 

ClTV    liAl.l,,     HoslnN,    .Illl,V     l.")tll,     1»87. 


IT 


THE     gE:f^E\AL 

LAWS 

And 

LIBERT    lES 

of     the 

MASSACHUSETS 

C   0    L    0    ^H^  % 


By  Ofdcc  of  {h^  General  Court  Holden  at  Bo^orn 
M(^  I'j.th.  j6qi. 

Edvpard  ^J^wjon  Sea 


Wbofocvcr  therefore  rejijleth  the  Pojvfr,  refjleththe  Jrdinameof  Cod  and 
thty  that  rcjiji  receive  to  themfslva  Damnuttcn.     Rom.  J 3- 2. 


CAM'SRIDCE 

Trinted  by  Samuel  (jreen.forfohn  VJJjer  cfBo/lon. 

J        6       7       2, 


THE    GENERALL 

LAWS 

OF    THE     tJ^ASSjiCHVSers 

COLONY. 

REVISED      AND      PUBLISHED,       BY 
ORDEROFTHE 

GENERAL. COURT 

m  OciobcY   i6jS. 

FOrafmuch  as  the  free  frmuon  offuch  Liberties,  hnmuftities,  Prtvi' 
ledges^  as  Humanity,  CivilHty  and  Chrifiiamty  call  for,  as  due  to  The  cwapnoi- 
every  Man  m  hts  Place  and  1'ro^ortion,  vcuhcut  Imteachmcm  and  {,'i'|f„';,'"„'j-^^"; 
Infrjngement,  hath  eve,-  been,  and  ever  wtll  he,  the  Tran/^whty  and  colony. 
Stability  of  Churches  and  Common-veealtb^  and  the  denyall  or  de- 
f rival  thereof ,  the  d>fturb::nce,if  not  mine  of  both. 

It  is  therefore  Ordered  by  this  Court  and  the  Authority  thereof.  That  no 
mans  life  fhall  be  taken  away,  no  mans  Honour  or  good  Name  fliall  be  ftained, 
no  mans  perCon  lliall  be  arrefted,  rcftrained,  banifhed,  difmembred,  nor  any 
wayes  punifhcd;  no  man  (hall  be  deprived  of  his  wife  or  children,  no  mans 
goods  or  eftate  fliall  be  taken  away  from  him,  nor  any  wayes  indamagcd, 
under  colour  of  Law,  or  countenance  of  Authorir\',  unlefs  it  be  by  virtue  or 
equity  of  fome  exprefs  Law  of  the  Country  warranting  the  fame,  cftaMifhcd 
by  a  General  Court,  and  fufficicntlypublinied;  or  in  cafe  of  the  defctfl  of  a 
Law,  in  any  particular  cafe,  by  the  word  of  God.  And  in  Capital  Cafes,  or  in 
Cafes  concerning  dil'nitmbring,  or  banifhmcntj  according  to  that  word,  to  be 
judged  by  the  General!  Court.     [  1641.} 

u^bUity.     yfge. 
rr  13  Ordered  by  this  Court  and  the  Authority  thereof;     That  the  age  for  ■^f_^f  d.fcrr- 
1  paffing  away  Lands,  or  fuch  kinde  of  Hereditaments,  or  for  giving  of  Votes, 
Verdidls  or  Sentences  in  any  avil  Courts  or  caufcSjihall  be  one  and  twenty'         ^^    ^^ 
years,  but  in  chufing  Guardians,  fourteen  years.     And  all  perfons  of  the  age  pofc  tn.it   ' 
of  one  and  twenty  years,  as  aforefaid,  and  of  underftanding  and  mcmory,whc- 
ther  excommunicate,  condemned,  or  other,  (hall  have  full  power  and  hbcrty, 
to  niake  their  Wills  and  Teftament<:,  and  other  lawful!  Alienations  of  their 
lands  and  Eftatcs.      [/tJ^/.  4  7-3 


Age  for  Plaint  iff.     ty^  (lions. 


ayige  for  Tkntifs  and  Defendants. 

IT  is  Ordered  by  this  Court  and  the  Authority  hereof,  that  the  age  for 
».,>.^v.v„u-.,..  Plantifs  and  Defendants  in  civii  Cafes,  before  any  Magiftrate,  Commif- 
fioner  or  Court  of  Judicaturc,-{halJ  be  twenty  one  years  of  age,  and  for  all 
perfons  under  that  age,  their  i'rt;reKti,Afrty?fw,  and  Guardians  as  they  fliall 
fee  meetfliall  plead  and  defend  their  right  and  interefl,  as  the  matter  may 
require  j  and  in  all  Criminal  cafes,  every  pcrlbn  younger  as  well  at.  elder, 
fhall  be  liable  to  anfwerin  their  own  perfons,  forfuch  mifdemeanours  as  ihey 
fhall  be  accufed  of,  andmay  alfo  infoim  and  prefent  any  mil'demeanour  to 
any  Magiflrate,  Grand-jury  man,  or  Court,  any  Law,  Cuflome  or  lifage  to 
the  contrary  notwiihftanding.        \_  i66s.'] 


c^B'.on:. 

tT  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  all  Anions 
(V!i'm''c  *'^"^  ■*  of  Debt,  Accounts,  Slander,  and  Ad^ions  of  the  Cafe  concerning  Debts 
and  Accounts,  fhall  henceforth  be  tryed,  where  the  PlaintifFe  pleafeth,  fo  it  be 
in  the  Jiirifdicflion  of  that  Court,  where  the  PlaintifFe  or  defendant  dwcUeth, 
unlefs  by  confent,  under  both  their  hands  it  doth  appear,  they  would  have  the 
cafe  try ed  in  any  other  Court.  All  other  Anions  fhall  be  tryed,  within  that 
Jurifdi(f\ion  where  the  caufe  of  the  A(flion  doth  arife. 

i.Whereas  fundry  Inconvemences  do  arife,  by  reafon  that  Plaintiff's  in 
Civil  Cafes  do  delay  to  Pvttr  ihen  Aiitons,  to  the  great  ex^encc  of  much 
pccious  time,  and  damage  to  the  TuUickj- 
ot\i\\'o\\^.'^  This  Court  doth  therefore  Order,  That  henceforth  no  Ad^ion  fhall  be 
Entred  after  the  firft  day  of  the  Court  is  ended.  And  in  cafe  any  Plaintiff 
Ihall  delay  his  Entry  longer  then  the  firft  Forenoon  of  the  Courts  fitting, 
every  fucb  perfon  or  perfons  fhall  pay  double  Entry-money.  And  all  per- 
fons, whether  Parties  or  Witnelfes,  arc  cnjoyned  to  attend  their  refpe<^ive 
Concerns  in  every  Court  of  Juftice,  as  well  the  firft  Forenoon  of  the  Court, 
as  afterwards  ^  and  fhall  prefent  the  whole  Plea  and  Evidence  before  the 
Cafe  be  committed  to  the  Jury,  and  no  after-Plea  or  evidence  fhall  be  admitted 
to  any  perfon.  Any  Lav/,  Ufagc  or  Cuftome  to  the  contrary  notwithflanding. 
And  for  that  end  ,all  Marihalls  and  Conftables  are  enjoyned  to  make  their 
Returns  of  Attachments  by  them  ferved,fometime  the  firfi;  Forenoon  of  the 
Court  that  is  to  take  cognizance  of  the  Cafe  concerned  therein.  Provided, 
That  the  double  E.ntry- money  be  paid  by  him  that  fonegieds  his  Entry,  and 
not  put  die  Defendant  to  unneceflary  charge  through  his  default.    [  /  tf  tf /.  J 

Aftion^of  trt-f-  3.  in  all  Adions  of  Trefpafs,  where  Damage  fhall  be  pretended,  a- 

pi'  ""<*'■'  f"f    bovc  Forty  jhilliiigs,  and  yet  on  the  hearing  thereof,  it  fhall  appear  to  the 
tj  ii  ...gs.        Courttocomeunder  that  value,  in  all  fuch  Cafes,  the  Plaintiffc  fhall  lofe  his 
A(f\ion,  and  pay  the  Defendant  coft, 

Vcct  for.iintry  ^.  Every  Perfon  impleading  another,  in  any  Court  of  Affiflants  or 

of  Mhsx's.  County  CoDi-t,  fhall  pay  the  Cum  of  taf_/J)(//««/j,  before  his  Cafe  be  Entred  ^ 
and  for  every  Adion  of  aho\e  forty  fnl/mgs  va.lue,  tr^'able  before  the  Com- 
mifConers  of  Bojlon,  ten  ptihngs  -^  and  (or  all  Anions  undcv  forty  jhillmgi^ 
A.  5;  p. 7.  tryabic before  the  faid  Commifhoners.  one  Magifhate,  or  the  three  Commif- 
fioncrs,  for  ending  fniallCaufes, /e«  Crortti,  unlefs  the  Court  fee  caufe  to  ad- 
mit any  to  Sue  >w/o/'Wi3]'rt«fer».      [_t6i2.   J2.J 

J.  And 


A8ioyit.     ylfpeal. 


5.  And  where  the  Debt  or  Damage  recovered,  ftiall  amount  to  Ten 

founds,  in  every  fuch  cafe  to  p2y  five  pi  limis  morcj  and  where  Jt  fhall  amount   ^'' Aa°ec°/f"' 
to  Twenty  pounds  or  upward,  there  to  piy  ten  flji/hn^s  more  then  the  firft  ten 
J},ilhnp, -which  faid  additions,  together  with  the  charge  of  the  Entry  of  the 
i\(ftjon,  (hall  be  put  to  the  judgement  and  execution,  to  be  leavied  by  the 
Marfliall,  and  accounted  to  the  refpedive  Treafurers  to  whom  ir  appertaineth, 

6.  Whtrras  the  Country  is  put  to  great  Ckirge,byihis  Courts  attnidm^ 
Suits  Comnunced  or  Renewed  by  Petition  or  '}{fvierv. 

Ir  is  Ordered  that  in  all  fuch  cafes;  if  it  appear  to  the  Court, that  the    fo^lhrc^cfei 
PlaintifFe  had  no  juA  caufe  of  any  fuch  proccc^iing,  the  faid  Plaintifie  ihall    court  to  bear 
bear  the  whole  charges  of  the  Court,  both  for  time  and  expenccs,  which  they   xb'c^'lV  "^ 
fhall  judge  to  be  expended  by  his  occafioni  and  may  further  impofe  a  fine 
upon  him,  as  the  merit  of  the  caufe  fhall  require;  but  if  they  findc  the  defen- 
dant in  fault,  they  ihaU  impofe  the  juft  charges  upon  fuch  defendant. 

7.  And  in  all  A<f\ions  brought  to  any  Court,  the  PlaintifTc  fliall  have  Th-^^i.^  r.berty 
liberty  to  withdraw  his  Adion  or  to  be  non  luitcd,  before  the  Jury  have  given  •f'  "'•'"*'*"  '••' 
in  their  verdidt;  in  which  cale,  he  fhallalwayes  pay  full  cofts  and  charges  to   *"'"'' 

the  defendant,  and  may  afterward  rcnicw  bis  Suit  at  another  Court.  [  '  <^-*  /.  ] 

L  .,?-./\"''  '^'^  Ordered,  that  no  man  in  any  Suit  or  A  Oion  ag^nft  another,  r,-Dii4o 
thallfalfely  pretend  great  Damages  or  Debts,  to  vex  his  Advcrfary;  and  in        '^^ 

all  cafes  where  It  appears  to  the  Court,  that  the  Plaintiffe  hath  willingly  and  v<»'"">"  S"''' 

wittingly  done  wrong  to  the  Defendants  uicommenong  and  profecuting  any  dVg'»'>V',-! 

Aaion,  Suit,  Complaint  or  Inditcment,  in  his  own  name,  or  ,n  the  name  of  ^'^'^  ^°'^'^'- 
others,  he  Ihall  pay  treble  damages  to  the  party  grieved,  and  be  fined  forty 
Jfc*//;«gj  to  the  common  Trcafury.     [/^^/.  ^rf.j 


^PPE^L. 


titc/fy    te  fip- 


before     E«eui- 


1  ''Pli^'^^  ^l  »^'S  Court  and  the  Authority  thereof:  That  it  ffiall  be 
J  mthehberty  of  every  man  caft,  condemned  or  Sentenced  in  any  Infe  our  ''^l 
Court,  to  make  his  Appeal  to  the  Court  of  A/Tiftants  :  as  alfo  "o  aopea  f  om 
thefentenceof  oneMag.iVrate,or  other  perfons  deputed  to  caTddete^ 
mine  fmallcaufes,  unto  the  fhf>e  Court  of  each  Junfdidion,  whae  he  caufe 
J^asdctermined  Provided  they  tender  their  Appeal,  and  put  in  fecuntv  be 
forethe  Judges  of  the  Court,  to  profecute  it  to  eVt,  and^a  fo  to  at  fie  a  1 
damages,  before  execution  granted  ;  uh.ch  fhall  not  be  till  twdve  hours  after 

Judgement,  except  by  fpecial  order  of  the  Court      AnA   flu         r   ,       I      r     ■■  , 
criminal  mti,,-,.     ,uJ„  h-  v.  ai  v.uli  ui  me  i^ourt.     And  it  the  caufe  be  of  a    i"  ctimtml  ntn 

criminal  nature     then  alfo  to  put  in  fecuntv  for  the  pooH  h,.K,...  ,„      j  "■  *"  '"'«°''  "> 


^  It 


A^palt.  yJp^earartce, 


1.  It  is  further  Ordered ;  That  all  Appeals  with  the  fecunty  as  aforcfaid, 
L.  ^.  p.  /.       fliall  be  recorded  at  the  charge  of  the  party  Appealing,  and  certified  unto  the 

Court,  to  which  they  zn  made.  And  the  party  Appealing,  fhall  briefly  m 
AppMi.int_  to  writing  (  without  reflecting  on  Court  or  Parties,  by  provoking  Language) 
Ixday'csbefi,""'  iindcr  his  own  or  his  Atturnies  hand,  give  in  to  the  Clerk  of  the  Court 

from  which  he  did  Appeal,  the  Grounds  and  Rcafons  of  his  Appeal,  fix  dayes 

A.  //.p./.     before  the  beginning  of  the  Court,  to  v/hich  he  did  Appeal:  to  which  Court 

ufm    ^^^  ^^^'^  Clerk  fhall  return  the  faid  writing,  and  give  copies  thereof  to  the  De- 

"°  A'ppe3"''fon  fendant  if  he  defire  the  fame.     And  wbofoever  fhalf  Appeal  from  the  Scn- 

fcii  forty  (hiji    tcnce  of  any  Court,  and  not  profecutc  the  fame  to  effecft,  according  to  Law, 

Ihalibefides  his  Bond  to  the  party,  forfeit  to  the  Country,  the  lum'' of  Forty 

filings  for  every  fuch  negled. 

3 .  j4ndfor  a  more  dear  and  equal  hearing  and  determ'm'mg  all  Cafes  of 
n-4s-?-'P-   appeal;     ItisOrdered,  That  no  perfon  that  hath  fate  as  Judge,  or  voted  in 
^'o  jujge   Ap-  any  inferiour  Court,  in  thatcafe  he  is  Appealed  from,  fha!)  have  any  vote  in 
l^^-td  IXa-  ^"^^  Superiour  Court  Appealed  to,  but  the  cafe  fhall  be  determined  by  fuch 
Sion  of  ^Appeal,   as  are  uo  waycs  engaged  in  the  fame,  by  Judging  or  Voting  formerly:     Pro- 
vided there  be  more  Magiflrates  Appealed  tOj  then  thofe  that  fate  in  the  Court 
A.;4.p-2-      Appealed  from.     Andin  ail  cafes  of  Appeal,  the  Court  Appealed  to  fhaii 
rcftified,""  wui.  J"^S«^  the caie,  according  to  former  Evidence,  and  no  other,  rectifying  what  is 
le^ctHng      the  amiis  therein  ^  and  where  the  matter  of  fa(ft  is  found  to  agree  with  the  former 
7i,rm«    judge-   Couit,and  the  Judgement  according  to  Law,  not  to  revoke  the  Sentence  or 
Judgement,  but  to  abate  or  incre?!e  damages,  as  fhall  be  judged  right;  any 
ufe  or  cuilome  to  the  contrary  norwithflaudmg.  1^/(^4^.4/'.'} p.  jo.sj-s4-2 


ON  0  motion  cf  the  Deputies  cf  Dover  (wd  Portfm.outh,  in  behalf  of 
wojlof  the  Freemen  there  ^  That  whereas  they  have  pwer  tn  then  A^o- 
in  Dover  and  date  C&MrtJ  fo  t)^^  a«jj;Cfl/c  MMdct' Twenty  pounds,  and  finding  no  La^v  where 
fbie'^^'""''"'^^'  they  may  Appeal.,  hut  to  the  Court  cf  Afjiftants,  the  Anions  being  manytirttes 
■very  fm  all, and  is  great  charge  to  come  to  Bofton/o)'  every  fir.all  Caje:  it  is  their  de- 
fire, that  the  Court  would  grant  th^m  an  Order^that  any  perfon  ccfi  or  condemned, 
may  Appeal  to  the  County  Court  held  in  Dover  or  Portfinoiith,  and  rhatfome  per- 
fans  may  have  Magiflratical  Power  in  that  County  as  formerly  : 

The  Court  judgeth  it  meet  to  grant  their  rccjucfti  And  it  is  Ordejed  that 
henceforth  it  fliail  be  in  the  liberty  of  Plaintiffe  and  Defendant,  in  all  Cafes 
tryable,  before  the  Court  of  Aflfociatcsin  Portfmouth^M  Dover,  to  Appeal  to 
their  next  County  Court  in  Dover  or  Portfmouth,  as  in  other  cafes,  any  cuflome 
or  ufage  to  the  contrary  notwithflanding.    [  1670.  ] 


f^ppcarancc.     JSfcnappcarancc. 


IT  is  Orderedby  this  Court  and  the  Authority  thereof,  That  no  man  fhall  be 
pun.mmcn.    ...        pimifhed  for  not  appearing  at  or  before  any  Civil  Affcmbly,  Court,  Council, 
bif:  oF  incvita-   Magiftratc  cv  Officer,  norfot  the  omiflion  of  any  Office  or  Sti  vice;  ifhc  fhall 
Mc  obftrflftion,   be  neccfTanlyhir.dred,  by  any  apparent  A<fl  or  Providence  of  God,  which  he 
could  neither  forefet  nor  svoid ;  Provided  that  this  Law  fhall  not  prejudice  any 
jftfonof  hisjuiicoftanddaini^geinciviUdtion.    [^1641-'} 

z^jpparei. 


.i/4f^arel. 


APPAREL.. 


h' 


LtkDU£h  fcveral  IfeclaraUons  and  Orders  have  been  rnade  by  this  CcwK 
i  agamfl  excefs  in  Apparel, both  of  Men  and  Women,  which  hare  not  ta-  A.  5l.p  5, 
ken  that  effeCi  as  were  to  be  defired,  but  on  the  contrary ;  we  cannot  but  to 
our  grief  take  notice,  that  intollerable  excefs  and  bravery  hath  crept  in  upon 
tts,  and  especially  amonjjl  people  of  mean  condition,  to  the  difhonow  of  God,  ,r  •  «  . 
the  fcandall  of  out  profeffwn,  the  eonfumption  of  Efiates,  and  altogether  un-  tJiproiiilitfJ.'" 
fuitablc  to  cur  poverty :  and  although  we  acknowledge  it  to  be  a  matter  of 
much  difpcf'ty,  in  regard  of  the  blindnefs  of  mens  minds,  andth:  jlubborHefs 
of  their  wills,  to  fet  down  exalt  Rides  to  confine  all  forts  of  perfons ;  yet  we 
cannot  but  account  it  our  duty,  to  commend  unto  all  forts  offerfons,  thefohet 
and  moderate  ufe  of  thofe  hlcffmgs,  which  beyond  expeilaticn,  the  Lord  haih 
been  pleafed  to  afford  unto  us  in  this.wildernefs^  and  clfo  to  declare  our  utter 
deteflation  and  diflike,  that  men  or  women  cf  mean  condition,  fliould  take 
upon  them  the  garb  of  Gentle-men,  by  wearing  ^old  or  Stiver  lace ^  or 
Buttons,  or  Points  at  their  kriees,  or  to  wa\k.  ^^  great  Boots ;  or  Women  of 
the  fame  rank^to  wear  Silk^or  Tiffiny  hoods,  or  Scarf es^  whiih  though  allow- 
able to  perfons  of  greater  Efiatts,  or  more  liberal  education,  yet  we  cannot 
but  judge  it  intollerable  in  perfons  of  fuch  lil^  condition: 

It  is  therefore  Ordered  by  this  Court  and  the  Authority  thereof  j  that 
no  perfon  within  this  Jurifdi<flion,  nor  any  of  their  relations  depending 
upon  them,  whofe  vifible  eftates  real  and  perfonal,  (hail  not  exceed  the 
true  and  indifferent  value  of  two  hundred  pounds  ,  (hal!  wear  any  Gold  oc 
Silver  lace,  or  Gold  and  Silver  Buttons,  or  any  bone  lace  above  two  iTiil- 
lings  per  yard,  or  filk  hoods,  or  fcarfs,  upon  the  penalty  of  ten  fiillings  for 
every  fuch  offence,  and  every  fuch  delinquent  to  be  p.efentcd  by  the 
Grand-jury  j  nAnd  forafmuch  as  diJlinCl  and  particulf.r  rules  in  this  cafe 
fuitable  to  the  cfiate  or  quality  of  each  perfon  cannot  eafly  be  given :  It  is 
further  Ordered  by  the  Authority  aforefaid,  that  the  Select  Men  of  every 
Town,  or  the  Major  part  of  them,  arc  hereby  enabled  and  required  from 
tune  to  time,  to  have  regard,  and  take  notice  of  Apparel  of  any  of  the 
Inhabitants  of  their  feverall  Towns  refpe<^ivcly,  and  whofoever  they  (hall 
jndge  to  exceed  their  ranks  and  abilities,  in  the  coftlitiefs  or  fafhion  of  their 
Apparel  in  any  refpeft,  efpecially  in  the  wearing  of  Ribbonds  or  great 
Boots,  (  Leather  being  fo  fcarce  a  commodity  in  this  Country  )  Lace,  Points, 
&c.  .Silk  Hoods,  orScarfes,  the  Seledt  men  aforefaid  fhall  have  power  to 
affefs  fuch  perfons  fo  offending  in  any  of  the  particulars  above  mentioned 
\n\.\\c  Co\}nx.r'jKztcs,zttwohundredpounds ejlates,  according  to  that  propor- 
tion that  fuch  men  ufc  to  pay  to  whom  fuch  Apparrcl  is  fuitablc  and  allowed, 
Provided  this  Law  (hall  not  extend  to  the  reftraint  of  any  Magiftrate  or  pub- 
lick  Officer  of  this  Jurifdi<!^ion,  their  Wives  and  Childrt^n,  who  are  left  to 
their  difcretion  in  wearing  of  Apparel,  or  any  fetled  Military  Officer,  or 
Souldicr  in  the  time  of  Military  fervice,  or  any  other  whofe  education  and 
jmployment  have  been  above  the  ordinary  degree,  or  whole  eftatc  have  been 
confiderable,  though  now  decayed.        L'^J'-3 

As  an  Addition  to  the  Laws  about  Apparel, 

WHcreas  excefs  in  Apparel  cmongfl  us,  unbecoming  a  WHdirmfs-tondi- 
ticrty  and  the  prof cjfioK  of  the  G  of  pel,  whereby  the  "Rjfiag  Generation  are 

C  *n 


^  Arrejis. 

in  danger  to  he  Corrupted  and  Ejfem'mated  ^.  -wkkh  pnmfe:,  are  witmjfed  a- 
Tainjl  by  the  Laws  of  God^  andfundry  Civil  and  ChrijHoii'Naiions  : 

It  IS  therefore  Ordered  and  Enafted  by  this  Court,  and  the  Authority 
uw  for^Al^par^i  thereof,  That  all  perfons  within  this  jurifdidion,  whether  the  Children,  or 
Servants  that  arc  under  government  in  Families,  that  fhail  wear  any  Apparel 
exceeding  the  quality  and  condition  of  their  Perfons  or  Eftate,  or  that  is  appa- 
rently contrary  tDlhe  ends  of  Apparel^  and  cither  of  thefe  to  be  fo  judged  by 
the  Grand-jury  and  County  Court  of  that  Shire  where  fuch  complaint  or 
prefentment  is  made :  All  fuch  perfons  being  Convifled,  fhall  for  the  firfi 
offence  be  Admonifhed  ■■,  for  the  fecond  offence  pay  a  fine  of  twenty  (hil- 
lings J  for  the  third  offence,  forty  fhillings ,  and  fo  following,  as  the  offences 
are  multiplied,  to  pay  forty  fhillings  a  time  to  the  Treafury  of  that  County. 
Alfoif  any  Taylor  fhall  make  or  fafliion  any  Garment  for  fuch  Children  or 
Servants  under  government  as  aforefaid,  contrary  to  the  mind  and  order  of 
their  Parents  or  Governours;  every  fuch  Taylor  fhall  for  the  firft  offence  ht 
Admoniihed  ^  and  for  the  fecond  offence,  forfeit  double  the  value  of  fuch  Ap- 
parel or  Garment  as  he  fhall  fallsion  or  make,  contrary  to  the  minde  and  order 
of  their  Parents  or  Governours^  half  to  the  Owner,  and  half  to  the  Country. 
And  all  Grand- jury  men  are  hereby  enjoyned  to  Prefent  allthofc  whom  they 
do  judge  breakers  of  this  Order.  \_i6d^2 


t^RRESTS. 


|T  is  Ordered  by  this  Court  and  the  Authority  thereof;    That  no  mans 
None  to  be  licp?   -i  pcrfon  fhall  be  Arrefted  or  Imprifoned  for  any  Debt  or  Fme,  if  theLaw 
in    prifon    for  can  finde  any  competent  means  of  fatisfaflion,  ctherwayes  from  his  eftate, 
uot'tofltisfiir  C  except  in  fpccial  Contrafls,  as  in  the  Law  of  Payments}  And  if  not,  his 
perfon  may  be  Arrefted  and  imprifoned,  where  he  Ihall  be  kept  at  his  own 
charge,  not  the  Plaintiffs,  till  fatisfad^ion  be  made,  unlcfs  the  Court  that 
had  cognizance  of  the  caufe,  or  fome  fuperiour  Court  fhall  othcrwifedeter- 
OTine;  provided  nev^^rthelefs,  that  no  mans  perfonfnall  be  kept  in  prifon  for 
debt,  but  when  there  is  an  appearance  of  ferae  eftate  which  he  will  not  pro- 
di:ce,  to  which  end,  any  Court  or  Commiffioners  Authorized  by  the  Gene- 
ral Court  may  Adminifter  an  Oath  to   the  party,  or  any  other  fufpecced. 
to  be  privy  in  concealing  his  eftate,  but  fhall  fatisfie  by  fcrviceif  the  Cre- 
ditor require  it ;  but  fhall  not  be  fold  to  any  but  of  the  Englifii  NatioK. 
[  1641.  4-7-2 

It  is  Ordered,     That  when  any  perfons  are  Committed  to  Prifon  in 
Tbexccpcri  dir-   any  Civil  Aftion,  the  Keepers  of  the  Prifon  (hall  not   fvand  charged  with 
charec  ct  Pri-   t^eir  fupply  of  Victuals,  or    other  Neceft"aries,     And  in  cafe  the  Prifoner 
fontts  mcafc.     ^^^^  ^^  Eii^tc,  and  will  be  depofcd  before  any  Magiflrate,  that  he  is  not 
worth  five  pounds,  the   Plaintiff  fhall  provide  for  his  relief,  or  otherwife 
the  Keeper  fl-iall  not    ftand  charged  with  him :    and  all  luch  charges  the 
Plaintiff  (hall  have  power  to  levy  With  the  Execution,  before  the  party  be  de- 
livered from  PrifoB. 


Comfe.'m 


Attachments.     Summons. 


Keepers  of  ;  rt 
foncr;djrger. 


f^Omplaint  lew?  made  to  this  Courts  of  ahufe  offered  to  Jtifrke^  through  li- 
berty granted,  by  the  Keepers  of  the  Trifons,  to  fuch  $erjons  as  frand 
Committed  Jor  payment  of  fines,  and  on  Sxecution  granted  in  Civil  Cafes : 
This  Court  do  Order;  That  no  perfon  or  perfons  Gomrnitted  as  a- 
bovcfaid,  fliall  be  permitted  by  the  Keeper  of  the  Prifon,  to  go  at  liberty 
without  the  precinds  of  the  Prifon,  but  by  the  Licenfe  of  the  Court  that 
Committed  him,  or  of  the  Creditor  for  whom  Execution  is  granted ;  on 
penalty  of  paying  the  fine  impofed,  and  fatisfaftion  of  the  Execntion  in 
any  Civil  Cafe.  [^  1662"] 

IT  IS  Ordered,  that  the  Keeper  of  the  Prifon  for  the  time  being,  (hall 
henceforth  have  the  fame  liberty  that  the  Marfhall  hath  in  all  Civil  Ca-   fj'^i^B'iie.''' 
fes ;  to  take  fufficient  Bayle  after  Commitment  as  the  Marfhall  might  be- 
fore Commitment.    [[  1662.^ 


Attachments.       Summons, 


I 


T  IS  Ordered  by  this  Court  and  Authority  thereof;   That  itfhal!  be  the  £  2.  C.12. 

liberty  of  every  Plaintiff,  to  take  out  either  Summons  or  Attachments 
aeainft  any  Defendant;  Provided  no  Attachment  fhall  be  eranted  in  anv  rhiniiftr.bf.fy 
Civil  Aaion,  to  any  i-orreigner,  againft  a  fetied  Inhabitant  m  this  Jurifdi-  01  Atuchment?. 
flion,  before  he  hath  given  fufficient  fecurity  or  caution,  to  profecntc  his 
A<^ion,  and  to  anfwer  the  Defendant  fuch  cofts,  as  the  Court  (hall  award  him. 


Forreigi  Plaio- 
liifs  to  pot  la 
fccuriry. 


I.  And  it  is  rurther  Ordered  that  in  all  Attachments  of  Goods  and 
Chattels,  or  of  Lands  and  Hereditaments,  legal  notice  fhall  be  given  to  the 
party,  or  left  in  writing  at  his  houfc  or  place  of  ufual  abode,  other\vife 
the  fuit  fliall  not  proceed ;  notwithftanding,  if  he  be  out  of  this  Jurifdi- 
d^ion,  the  caufe  fhall  then  proceed  to  tryal,  but  Judgement  fhall  not  be  pUcd! 
entrcd  before  the  next  Court,  and  if  the  Defendant  do  not  then  appear, 
judgement  fhall  be  entred,  but  Execution  (hall  not  be  granted  before  the 
Plaintiff  hath  given  fecurity  to  be  refponfal  to  the  Defendant,  if  he  ihall 
reverfe  the  Judgement  within  one  year,  or  fuch  further  time  as  the  Court 
fhall  limit. 


Exetntion   til- 


I.  z.  p.49. 

Circumdanliafl 
etrours. 

Summons  to  be 
ferVcJfix  divoi 
tcforc  {he  Court 


2.  And  it  is  hereby  Declared,  that  no  Summons,  Pleading,  Judgement, 
or  any  kinde  of  proceeding  in  Courts  or  courfc  of  jufticc,  fliall  be  abatcdj 
arretted  or  reveifed  upon  any  kinde  of  circuniflantia!  crrours  or  miftakesj 
if  the  perfon  and  caul'c  be  rightly  undei flood  and  intended  by  the  Court. 
And  in  all  Cafes  where  the  firff  Summons  arc  not  fervcd  fix  dayts  inclu- 
fively  before  t!ic  Court,  and  the  Cafe  briefly  fpcciii^d  in  the  Warrant, 
where  ajipcarancc  is  to  be  made  by  the  party  Summoned,  it  (hall  be  at 
fiis  liberty  whether  he  will  appear  or  not,  except  all  cafes  that  arc  to  be 
handled  m  Court  fuddeni)',  called  on  extraordinary  occafion. 

3.  iAnd  vfbereas  Suits  at  Law,  many  times  fuch  as  do  profeeute  the  A.  5'  P-^ 
fame  m  their  nwn  name,  tn  pmcuring  the  prpcefs  \  in. end  and  do  declare  m  to  irkc'out  "pi 
the  tiaw.e.^  and  on  the  behalf  of  others,   viz.  as  Executors^  yyidmimflrators,  "fs' 

C  2  ^Jf'i>''", 


pro- 


MarjlialU.    Bahers. 


Marftialls  may 
ferve  /Nltjch- 
mcnts. 


^(fiffnci^  ^tturnics,   Gmrdums,  j^ gents  or  the  like,  which  is  not  only  tm- 
pvfer,  hut  tendeth  c.lfu  to  uncertainty^  for  frercntion  whereof: 

it  is  Ordered,  That  henceforth  the  Original  procefs,  whether  Summons 
or  Attachments  iliall  exprefs  in  whofe  name  the  Plaintiff  fucth,  whether 
in  his  own  name,  or  as  Executor  of  the  !aft  Will  and  Teftament  of  fuch  a 
man,  or.Admmiftrator  of  the  Goods  and  Chattels  of  fuch  a  man,  or  AfTigne 
Atturncy,  Guardian  or  Agent  of  fuch  a  man,  or  the  like,  or  otherwayes^ 
if  exception  be  taken  bciore  the  parties  joyn  iflue,  it  (hall  be  good,  and 
the  Plaintiff  fhall  beliable  to  pay  cofl.  [  1641.  44.  47.  //.J 

Marjlicllls  may  fcrre  ey^ttachments. 

WHercas  it  hath  been  commonly  pradifid,  that  Attachments  have  been 
dirtHed  to  the  Marfliall  to  be  ferved  in  any  Town  uncUr  the  furifdi- 
ition  cf  that  Court  whereof  the  Marfliall  is  Officer,  notwithflanding  the  Law 
doth  Order,  that  all  Attachments  flia/l  be  direitcd  to  the  Conjlable  in  fuch 
Towns  where  no  Alarfhall  dwells : 

It  is  hereby  Ordered  and  Declared,  That  the  faid  Cun-ome  fhall  be  ac- 
counted legal,  and  fhall  nor  abate  the  Proceeding  or  Tryal  of  any  Caufe. 
Provided  no  jnore  Cofts  be  charged  on  the  Defendant,  then  by  Law  are 
due  to  Conltablcs  for  fefving  Attachments.     [_i662^ 


3  AK  £  R  S. 


clerk     ' 
MirKct 


the 


Thcit  power. 


If  is  Ordered  by  this  Court  and  Authority  thereof;  That  henceforth 
every  Baker  fliall  have  a  difthnTf  mark  for  his  Bread,  and  keep  the  true 
AlTjzes,  as  hereafter  is  cxpreffed,  viz..  when  Wheat  is  ordinarily  fold  for 
money  at  thcfe  feveral  Rates  hereafter  mentioned,  the  penny  white  loaf 

by  averdupois  weight,  when  Wheat  is  by  the  bufhel 

at  js.  od.  the  white  J I  ounces  1  qr.  wheat  17  ounces  1  qr.  houfholdzj  ounc.o. 

15  I 

14  o 

II  3 

II  2 

10  2 

10  o 

09  7, 

And  fo  proportionably,  under  the  penalty  of  forfeiting  all  fuch  Bread  as 
fhall  not  be  of  the  Icveral  Afliics  aforementioned,  to  the  ufe  of  the  poor 
of  the  Town  where  the  offence  is  committed,  and  otherwifc  as  is  hereafter 
cxpreffed,  and  for  the  better  execution  of  this  prefent  Order;  there  fhall 
be  in  every  Market  Town,  and  all  other  Towns  needfull  one  or  two  able 
perfons  annually  chofcn'by  each  Town,  who  fhall  be  fworn  at  the  next 
County  Court,  or  by  the  next  Magiftratc,  unto  the  faithful  difcharge  of 
his  or  their  Office:  who  are  hereby  Authorized  to  enter  into  all  houfes, 
either  with  a  Conflablc  or  without,  where  they  fhall  fufpe(fi  or  be  informed 
of  any  Bread  baked  for  falc,  and  alfo  to  weigh  fhe  faid  Bread  as  oft  as 
they  fee  caufc,  and  fcize  all  fuch  as  they  findcdefcdlivc.     As  alfo  to  weigh 

all 


at  3    6 

10 

I 

■eightcf  Bread   at  4.     O 

09 

J. 

at4.    6 

08 

I 

at  5     & 

07 

3 

at  5    6 

07 

0 

at  6    0 

06 

2 

at  6   6 

o& 

0 

20 

2. 

18 

2. 

l(S 

2. 

IS 

2. 

14 

0. 

13 

0. 

12 

2, 

BaL'cfi.    'Barralry,    'Benevcknce. 


all  Butter  made  up  for  fale,  and  brought  unto,  or  being  in  the  Town  or 
Market  to  be  fold  by  weight,  which  if  fourtd  light  after  notice  once  given, 
fhall  be  forfeited  in  like  manner.     The  like  penalty  (bal!  bs  for  not  mar- 
king all  Dread  made  i6i  faJc;    And  the  faid  Officer  fhdl  ':ave  one  third   A.Ji.  p  8. 
part  of  all  forfeitures  for  his  pains^  the  reft  to  ihe  poor  as  aibrefaid.   [i 646.3 

2.  Whereai  it  appears  to  this  Courts  that  there  is  much  deceit  ufed  by 
fame  Bakers  and  other:,  who  Vfhcn  the  Clerk,  of  the  Market  cometh  to  weigh 
their  Bread,  pretend  they  have  none,  but  for  their  own  ufe,  and  yet  afterward 
put  their  Bread  to  fale,  which  upon  tryal  hath  been  found  too  light  j  for  pt?- 
vention  of  fuch  abufes  for  time  to  come : 

It  is  Ordered,  that  all  perfons  within  this  Jurifdidion,  who  fhall  ufually 
fell  Bread  within  doors  or  without,  fhall  at  all  times  hereafter,  have  all    To  prcjcnt  Ac 
their  Bread  that,  they  cither  put  to  fale  or  fpend  in  their  families,  made  of   "•tmBi.kcrs. 
the  due  AfTizes,  marked  and  yielded  to  uyal  of  the  faid  Clerk  zs  is  dire- 
£\ed  in  the  Order  aforefaid,  under  the  p^-'nalty  therein  expreft.    [;^/^.J 


BALLAST. 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof)  That  no  Ballaft 
(hall  be  taken  from  any  Town  fhore,  by  any  perfon  whatfoevcr,  with- 
out allowance  under  the  hands  of  the  Selctft  men,  upon  the  penalty  of  fix 
pence,  for  every  fhovel  full  fo  taken,  unhfs  fuch  ftones  as  they  had  laid 
there  before.  It  is  aifo  Ordered,  That  no  Ship  nor  ether  \'i{{d,  fhal] 
caft  out  any  Ballaft  in  the  Channel  or  other  place  inconvenie-nt  in  any 
Harbour  wiliin  this  Jurifdidion,  upon  the  penalty  of  ten  pounds.    ^i6/}6. } 


BMhft  ret  to  be 
ttKcti  wilhouT 
ICive. 


ror  caft 'nto  tfcc 
Chc-iil 


B  A  R  R  A  T  P.  r. 

T[T  is  Ordered  and  Decreed,  and  by  this  Court  Declared;  That  if  any 
1  man  be  proved  and  juds^cd  a  common  Earrater,  vexing  others  with  un- 
juft,  frequent  and  endlefs  fuits,  it  fhall  be  in  the  pov/er  of  the  Court,  boih 
to  rejcft  his  Caufe,  and  to  punifh  him  for  his  Bruratry.     [  1 6^1.1^ 


Bawattv- 


BENEFOLENCE. 

IT  is  Ordered,  That  this  Court  hereafter  will  grant  no  Benevolence,  ex- 
cept in  forreign  occafions,  and  when  there  ia  Money  in  tiie  Trcafary 
fufScJent,  and  our  debts  firft  fatisiied.     [  /rf-f/.J 

It  is  Ordered  by  this  Court  and  the  Authotity  thereof;  thst  all  Gifts 
and  Legacies  given  and  bequeathed  to  the  Collcdgc,  Schools  of  Learning 
or  any  other  Publick  ufe;  fhall  be  trucly  and  faithfully  difpofed  of  accor- 
ding to  the  true  and  declared  intent  of  the  Donors.  And  all  and  every 
Pevion  or  Perl'ons  betrufted  to  receive  or  improve  any  fuch  Guifts  or  Lega- 
cies, ihall  be  liable  from  time  to  time  to  give  account  of  their  difpofal  and 
management  thereof  to  the  County  Court  of  that  Shire  where  they  dv/clL, 
and  where  fuch  Eftatc  (hall  lye,  who  are  hereby  impowrcv!  to  require  the 
fame  where  need  fhall  be,  and  to  appoint  Fcoffes  of  uul^,  to  fettle  and 
manage  the  fame  accerdin/j  to  the  will  of  the  Donors. 

D  li 


ciciCn  fcjfaiUI- 


lo  Sills,    Smd'Jl.'ivy^.    'Sounds  of  Toms,    Ewxcfs. 


BILLS. 

T  T  IS  Ordered  by  the  Authority  of  this  Court;  That  any  debt,  or  debts 
fiodd.b'uolht  y  <-lue  upon  bill  or  ether  fpeciahy  afligned  to  ^anctke?j  fllsll  be  as  goad 
Affigni-^.  a  debt  and  eftate  to  the  Affignee,  as  it  v.'J.3  to  ths  AiTigner, rit  the  thr.e  of 

its  aflTigiiation-,  And  that  it  (hall  be  lav/full  foi*  the  faidi  Affigr-ee,  tofuefor, 
and  recover  the  faid  debt  due  upon  bill,  and  fo  ElTigncd,  as  fully  as  the 
original!  Creditor  might  have  done^  Provided  the  faid  AfTignement  be  made 
upon  the  back- fide  of  the  bill  or  fpecialty.  l_;J47-3 

B  O  N  T)-S  L  A  V  E  R  1\ 

IT  is  Ordered  by  this  Court  and  tlic  Authority  thereof 5  Thit  there  Hiall 
^       never  be  any  Bondilavery^Villfnage  or  Captivity  arr.ongft  us,  unlefs  it 

be  lawful  Captives  taken  in  juft  Wars,  as  v/iiiingly  fell  tjjcmfdves  or  arc 
fold  to  us,  and  fuch  (hall  have  the  liberties  and  Chriftian  ufagc  v/hich  the 
Law  of  God  eftabUiljed  in  \\rad  concerning  iucb  perfons  dotli  mcrallv  re- 
quire i  Provided  this  exempts  none  from  fervi'L."udc,  who  fhall  be  judged 
thereto  by  Authority.      \_  i64i.~\ 


Bounds  of  ToiafifS  and  Pevfons. 

Ovcfmuch  as  the  Bounds  of  Tov^m^  and  cf  the  Lay^ds  cf  ^aytku'ar  pr~ 
fons^  are  carefully  to  be  majrraiyjed,  end  not  mthout  great  danger  to  Is 
removed  by  any^  which  notvrithfianding  by  deficiency  and  decay  cj  marlif^ 
may  ai  unawares  be  dortc,  •;iiherehy  great  jealou/ies  of  perforsy  trouble  in 
ToK'ri:^  an^  incumbrances  in  Comts  do  often  nrife,  which  by  due  cars  and 
means  might  he  prevented  \ 
Town    Bounds  It  is  therefore  Ordered  by  this  Court  and  the  Aut'iority  thereof,  that, 

to  be  i;ia  out  every  Town  fhall  fet  out  their  Bounds,  within  twelve  months  after  their 
Bounds  are  granted:  and  that  When  their  Bounds  are  once  fet  out,  once  in 
To  be  furvetrea    three  years,  three  or  more  perfons  of  a  Tov/n,  appointed  by  the  Seleft 
wicbin  3  ycjr,  men,  fhail  appoint  with  the  adjacent  Towns,  to  go  the  Bounds  betwixt 
their  faid  Townes  and  renew  their  marks  j  which  marks  fhall  be  n  great 
heap  of  ftones,  or  a  Trench  of  fix  foot  long  and  two  foot  broad,  the  moft 
ancient  Town  to  give  notice  of  the  time  and  place  of  meeting  for  this  per- 
ambulation i    which  time  fhall  be  in  the  firft  or  fecond  montli,  upon  pain 
of  five  pounds,  for  every  Town  that  fhall  negled  the  famcj  Provided  that 
the  three  men  appointed  for  perambulation  fhall  go  in  their  fevcral  quar- 
ters, by  order  of  the  Seled  men,  and  at  the  charge  of  the  fevcral  Towns. 
ron""b'i.-ja.is''7o       2-   And  it  is  further  Ordered,  that  if  any  particular  proprietor  of  Lnnds  lying 
be       furi/sycd  in  common  with  others,  fhall  refufe  to  go  the  Bounds  bawixr  bis  L?nd  and 
^^'       other  mens  once  a  Year  in  the  firft  or  fecond  month,  being  requcftcd  thereunto 
upon  one  weeks  Vw-arning,  he  fhall  forfeit  for  every  day  fo  nt'glt'iSing,  ten  Ifhil- 
lings,  half  to  the  party  moving  thereto,  the  other  half  to  the  Town.  [  16  ji.  J 


B  R  £  w  E  R  S. 

''T'O  the  end  no  other  hut  good  and  wholfome  'Beer  he  Brewed  at  any  tjme  in  this 
J.   '/urifdUlion,  to  be  fold  for  the  f apply  of  Ship  or  other  ye^tU  at  Sccj  ti-'Jc^ 
ihat  no  oppreffion  or  wrong  be  dune  to  ar>y  in  this  Myfityy  \ 


Breach  of  the   Peace.  1 1 


It  IS  Ordered  by  cHis  Court  and  the  Authority  thereof:  That  no 
pcrfon  whatfocver,  rfiall  henceforth  undertake  the  calling  or  work  of 
Brewing  Beer  for  fale,  but  only  fuch  as  are  known  to  have  fufficient  skill 
and  knowledge  in  the  Art  or  Myftery  of  a  Brewer.  And  it  is  further  ^/'"/a'oTf^- 
Ordered,  that  if  any  undertaker  for  vi<ftualling  of  Ships  or  other  Velfels,  bad  Bee? 
or  Martcr  or  owner  of  any  fuch  Veflel,  or  any  other  perfon,  fhail  make 
it  appear,  that  any  Beer  bought  of  any  perfon  within  this  Jurifdiclion, 
doth  prove  unfit,  unwholfnrre  andufcle/s  for  their  fcpply.  either  thrci'gh 
the  iniufficiency  of  the  Mault,  or  Brewing,  or unwholfome  Cask,  the  per- 
fon wronged  thereby  fhall  be,  and  is  hereby  enabled,  iri  recover  equal 
and  liiflicient  damage,  by  A<ftion  againft  the  perfon  that  put  that  Beer  zo 
Sale. 


Breach  of  the  Teace. 

fOr  the  better  preferring  of  Teace^  and  every  mans  Liberty  and  Safety  in 
this  fwifdiBicn,  and  to  the  end  ti)at  all  fi^htwg  and  Quarrellm/ aid  Brf set  cf  race, 
Dijli'.rbance  may  he  avoided: 

]t  is  by  this  Court  Ordered,  and  by  the  Authority  thereof  Ena(f>ccl^ 
that  no  perfon  fhall  beat,  hurt  or  ftrike  any  other  pcrfon,  upon  penally 
of  paying  to  the  party  ftricken,  by  fine  to  the  County  where  the  Offence 
Is  committed,  or  both,  fuch  ^um  or  fumsas  the  County  Court..  Magifrrate, 
CommiiTioner  or  AlTociate,  that  take  cognizance  thereof  fhall  xletcrminc: 
and  becaufe  in  this  cafe  fevcral  circiimftances  may  alter  the  degree  of  th.^ 
offence,  as  who  do  fmitc,  who  is  fmitten,  with  what  Ip/lrument,  the  d:in- 
ger  of  the  wound,  more  or  lefs,  time,  place  and  provocation,  and  other  the 
like,  it  is  left  to  the  difcretion-  of  the  Judges  aforefaid,  upon  hearing  and 
confideration,  to  impofc  fuch  penalty  or  penalties,  as  in  their  difcrciicn 
(lull  feemjun,efiual"and  proportionable  to  the  merit  of  the  ofFe.nce, 


'Judgement  for  Title  of  Houfe  or  Land. 

tT  is  Declarea  and  Ordered  by  this  Court  artd  the  Authority  thereof,  j,,jg,„eBt  f«, 
J  That  where  a  Judgement  is  given  in  anv  Court  for  any  perfon  of  Houfe  T.He  ct  Hoaii' 
or  Land,  upon  the  trial  of  the  Title  thereof  ^  if  the  perfon  againft  whcin 
ihe  Judgement  is  given,  doth  cither  forcibly  keep  pofTcfllon  thereof  ftill 
after  executiorv  ferycd,  or  enter  upon  it  again,  and  fo  retain  pofTcfllon  by 
force,  he  (hall  be  counted  a  high  offender  againft  the  Law,  and  breaker  of 
the  publick  peace  j  therefore  fpcedily  to  redrefs  fuch  a  criminal  offence, 
every  Magiftrate  is  impowred,  and  by  his  place  hath  power  to  give  war- 
rant and  command  to  the  Marfhall,  Officers  and  other  men  whom  he  thinks 
meet  to  be  imployed  in  the  bufmcfs  (  the  Marfhall  alfo  rccjuiring  aid, 
greater  or  leflcr,  as  need  rccjuires  )  and  fiipprcfs  the  force,  and  give  pof- 
■(efTion  to  the  owner,  and  to  imprifon  fuch  as  do  appear  to  be  Delinquents, 
and  their  aiders  and  abettors,  to  be  forth  coming  at  the  next  Court  thar 
did  give  the  Judgement  in  the  cafe,  there  to  make  their  Anfwcr :  and 
whom  the  Court  doth  Innde  guilty,  to  fet  fuch  line  or  other  punifhment 
upon  them  ?.s  the  merit  of  their  fevcral  cafes  doth  lequirc. 

D  z  Bndgit, 


or  Lart* . 


T2  .bridge;.     Burglary  and  Theft. 


T 


BRIDGES. 

His  Cciitt  confidering  that  Bridges  in  Country  High-wayes   are  for  the 
bent  fa  of  the  .Country  in  general^  and  that  it  may  be  unequal  to  lay  the 
chare c  thereof  on  particular  Towns : 
Bridg"  to  be  Doth  Order,,  that  from  time  to  time,  upon  information  or  complaint 

■n,dt&  repjircd  j-q  each  CouHtv  Court,  of  the  necelTity  or  defeat  of  any  Bridge  or  Bridges 
as  arorelaid  jthe  Court  Inall  appoint  a  Committee  to  view  and  deteimine 
the  fame,  and  the  charges  fhall  be  proportioned  by  the  Magifiratesineach 
County  Court,  to  be  levied  upon  the  Several  Towns  in  each  County  ac- 
cording to  the  dircdion  of  the  Law  for  Country  Rates. 


L.  £,  $.'  3- 


2,  The  Court  confidering  the  great  danger  that  Ferfons^  Horfes,  TeamSy 
are  expofed  to,  by  reajon  of  defeBtve  "Bridgesy  and  Country  Htgh'wayes  in 
this  'jurifdiilton: 

Doth  Order  and  Declare,  That  if  any  p^rfon  at  any  time,  lofe  his  life, 

m  paiTmg  any  Rich  Bridge  or  High-way,  after  due  warning  given  unto 

any  of  the  Seleft  men  of  the  Town  in  wTiich  fuch  defed;  is,  in  writing 

under  the  hand  of  two  witnelTes,  or  upon  prefentment  to  the  Shire  Court, 

of  fuch  defective  Wayes  or  Bridges,  that  then  the  County  or  To-wnwhicli 

Penalty  for  da-  ought  to  fccure  fuch  >A'^ayes  or  Bridges,  fhall  pay  a  fine  of  one  hundred 

byiht  inr'ifiri-   pounds  to  the  Parents,  Husband,  Wife  or  Children,  or  next  of  Kin  to  the 

cnc>  ot'Bridges.  party  deceafcd.     And  if  any  perfon  lofe  a  Limb,  break  a  Bone,  or  receive 

any  other  bruife  or  breach  in  any  part  of  his  Body,  through  ilich  defe<ft 

as  aforefaid;   the  County  or  Town,  through  whofe  negletfi:  fuch  hurt  is 

done,  Ihall  pay  to  the  party  fo  hurt,  double  damages,  the  like  fatisfa(!^ion 

fhall  be  made   for  any  Team,  Cart  or  Cartage,  Horfe,    other  Beaft  or 

Loading,  proportionable  to  the  damage  fuftaincd  as  aforefaid. 

£^,    ;s.  3.  <sy^nd  for  the  prevention  of  danger y  which  may  come  by  the  infuffici- 

enty-of  Bridges  and  PaJJ'ages  which  lye  upon  Town  High-wayeSy  the  care 
whereof  doth  belong  either  to  the  Town  or  particular  Ferfons  to  repair^  who 
many  times  cannot  procure  Workmen  to  do  the  fame : 
woJk"  enWf-  ^^  's  therefore  Ordered  by  this  Court,  That  upon  the  complaint  of  any 
piirBddges.  fuch  Town  or  Perfon,  to  any  one  Magiftratc,  he  ihall  hereby  be impo^wied 
to  ifTue  out  Warrants  to  the  Conftable,  to  imprefs  fuch  Workmen  in  their 
Townfhip,  as  fhall  be  needful  to  fecure  and  repair  the  fame,  who  (hall be 
paid  for  their  work,  either  by  the  Town  or  Perfons,  to  whom  fuch  Bridges 
oc  PalTages  do  belong.     \_  164s.  ji.  s$.'\ 


Burglary  and  Theft. 


Robbing       in  T^Orafmuch  as  many  Perfons  of  late  years,  have  been  and  arc  apt  to  h  in- 
taje^'peoiif.'''   *■  j">'iotis   to   the  Goods   and   Lives   of  olhersy  notwtthflanding  all  care  and. 
means  to  prevent  and  puntfh  the  fame  : 

It  is  therefore  Ordered  by  this  Court  and  the  Authority  th^ereof,  That  if 
any  Perfon  (ball  commit  Burglary,  by  breaking  up  any  dwiuing  houfe.  or 

Ihoil 


Burglary  cr-dThift.  13 


On  the    Lords 


rob  any  perfon  in  the  field  or  high-waycs,  fuch  pafon  fo  oficniing,  fhall 
for  the  firft  offence,  be  branded  on  the  forehead  with  tJie  letter  ^  B  )  and  if 
he  fliall  offend  in  the  fame  kinde  the  fccond  tinnc,  he  fhali  be  banded  as 
before,  and  alfo  be  feverely  whipped;  and  if  he  (hall  fall  into  the  like  of- 
fence the  third  tijne,  he  (hall  be  put  to  death,  as  being  incorrigible. 

And  if  any  perfon  fhall  commit  fuch  Burglary,  or  rob  in  the  fields  or 
houfes  on  the  Lords  day,  bcfldes  the  former  punifhment  of  Branding,  he   tf, 
fliall  for  the  firft  offence  have  one  of  his  ears  cut  off;    and  for  the  fccond 
offence  m  the  fame  kinde,  he  (hall  lofe  his  other  ear  in  the  fame  mannerj 
and  for  the  third  offeuce  he  fliall  be  put  to  death.     \_  1042.  47.  ] 

2.    For  the  prevention  of  Tilfmng  and  Theft:         It  15  Ordered  by  otrrf^orftcaf 
this  Court  and  the  Authority  thereof;    That  if  any   perfon  be  taken  or  goods. 
knov/n  to  lob  any  Orchard  or  Garden;  that  fhall  hurt  or  fteal  away  any 
Grafts  or  fruit  Trees,  Fruits,  Liiinen,  Woollen   or  any  other  goods  left 
out  in  Orchards,  Gardens,  Back-fides,  or  in  any  other  place  in  houfe  or        ,^^j,[j  (j^^ 
fields,  or  fhall  (leal  any  wood  or  other  goods  from  the  water  fide,  from  magr, 
mens  doors  or  yards ;  he  (hall  forfeit  treble  damage  to  the  owners  thereof.       „  ^^  ^[,jpt,. 

And  if  they  be  children,  or  fervants,  that  (hall  trefpafs  herein,  if  their  pa- 
rents or  maflers  will  not  pay  the  penalty  before  exprelV,  they  (hall  be  o- 
penly  whipped. 

uind  forafmuch  as  many  times  it  fo  falls  out  that  fmall  thefts  and  other 
offences  of  a  crjmtnail  nature  are  committed  both  by  Englifh  and  Indians  in 
tovsins  remote  from  any  prifon  or  other  fit  place  to  which  fuch  malefaBors 
may   he   committed  untiU  the  next  Court. 

It  is  therefore  ordered  that  any  magiftrate,  upon  Complaint madeto  him  one  M^irfrats 
may  hear,  and  upon  due  proof  determine,  any  fuch  fmall  offences  of  the  a-  '(aX  ctui.""^'^ 
forefaid  nature  according  to  the  Laws  here  cflabliiTied,  and  give  warrant 
to  the  Conilable  of  that  Town  where  the  offender  lives  to  levy  the  fame ; 
Provided  the  damage  or  fine  exceed  not  forty  (hillings;  Provided  alfo  it 
(hall  be  lawful!  for  either  party  to  Appeal  to  the  next  Court  to  be  holden 
jn   that  Junfdidion,  giving   fuflicient  caution  to   profecute  the  fame  to 
cffccft,  at  the  faid  Court.     And  evcrvMagiftrate  fhall  make  a  return  yearly 
to  the  County  Court  where  he  liveth,  of  what  cafes  he  hath  fo  ended.  conrtib'iltto"«- 
And  alfo  the  Conftables  of  all  fuch  fines  as  they  have  received.  '"'"    'S     "*« 

And  where  the  offender  hath  nothing  to  fatisfie,  fuch   Magiftrate  rnay     """  ^  ^'""' ■ 
punilfi  by  flocks  or  whipping,  as  the  caufe   fhall  deferve,  not  exceeding 
ten  ftripes ;  It  is  alfo  Ordered,  that  all  Servants  and  Workmen  imbezhng  scnmnti  and 
the  goods  of  their  Mafters  or  fuch  as  fet  them  on  work,  (hall  make  refti-  ^°'''"""- 
tution,  and  be  lyable  to  all  Laws  and  penalties  as  other  men.     [  1646.2 

3.  It  is  further  Ordered  by  this  Court;     That  what  perfon   focver  A  52.  p  10. 
fhall  fleal  from  any  perfon,  any  Coyn,  Goods  or  Chattels,  to  the  value  of 
ten  (hillings  or  upward,  fliall  be  whipt,  or  pay  fuch  a  fum  or   fums  of 
money  as  the  Court  or  Magilfrate,  diat  hath  proper  cognizance  thereof  stciiine    ,ho.e 
IhaJl  adjudge  to  be  flifticient  to  fatisfie  all  cofts  and  charges  of  the  Court  »'"  (I'-iUngs. 
and  Country  in  profcfcuting  and  trying  the  faid  oi^c.ider,  to  the  ufe  of  the  ^^.^f^^^,^  ,^ 
common  Trcafury,  and  for  fmaller  thefts,  it  is  left  to  the  difcretionof  the  n°^h2<J'for 
J-udge  or  Judges  that  (hall  have  cognizance  of  the  crime,  to  appoint  fmallet  ^'^^  i^"'"' 
mulffls  or  punifhments,  or  only  legal   Admonitions  as  they  (hall  finde 
caufe. 

And  furtherjt  is  declared  and  Ordered,  That  when  any  Goods  are  (iolpn 
from  any  perfon,  the  Conftable  of  the  Town,  by  warrant  from  Authority, 
fhall  featch  for  the  fame,  in  any  fufpeded  placc3  ot  houfes,  and  upon 

D  3  fsarch 


14 


Capital     Laws. 


fcarch  or  othcrwife,  if  he  fliall  finde  the  fame  or  any  part  thereof,  or  any 
',2'i!'d\°Jf\.  §roancioffu{p!tion  appearing  to  the  Officer,  he  fhall  bring  the  DeHnquentor 
nf,  K.i.s/jQion  fuipeded  paity  to  a  Magiftrate  to  be  proceeded  with  according  tothclaw. 
■"■■"''"  And  if  any   perfon  having   goods   ftolen  frofn  him,    fliall   privately   re- 

ceive his  faid  ftolen  goods  (except  the  fad  be  private,  or  committed  by 
feme  member  of  his  own  family)  and  fo  fmothcr  the  theft,  and  fhall  not  le- 
gally profcctite  the  Offender,  he  fhal]  forfeit  to  the  common  Treafiiry  the 
Goods  or  Chattels  fo  received  or  the  true  value  thereof.     [_  i6s2.~\ 


Cor 

"f. 
privately 

penalty 


Uolatrji. 


Witch-craft 


^I'i  ',;->  £S»  «(B»  «*»  jSilJ  <:-o  »j^  cIo  ri!'»  •^■f  «>P»  C{!r7  <^   i>^a 


CAPITAL      LAWS 


H^!^  F  any  man  after  Legal  Conviction  {hall  H  A  V  E  or  W  O  R- 
m0  ^^e*  SHIP  any  other  God  but  the  L  O  Pv  D  GOD,  he  fhall  he 
I'twViyK    put  to  death,  Exod.  22.20.  Diut  i ^.  6,  10.   Deut  17.  2^6. 

1.  If  any  Man   or  Woman   be  a  WITCH,  that  is,  Hath  or  Con- 
fulteth  with  a  familiar  Spirit  they  fhall  be  put  to  death,     £xod.  22.  18, 
Levit.  20.27.  Deut.  i8.io.,ii. 


^lafphemy. 


3.  If  any  Perfon  within  this  Jurifdiifti on,  whether  Chriftian  or  Pagan, 
fhall  wittingly  and  willingly  prefume  to  BLASPHEME  the  holy  name 
of  God,  F  A  T  H  E  R,  S  O  N,  or  H  O  L  Y-G  H  O  S  T,  with  direcft,  exprelTc, 
prefumptuous,  or  high-handed  Blafphemy,  cither  by  wilful!  or  ohflinate  de- 
nying the  true  God,  or  his  Creation,  or  Government  of  the  World,  orlTiall 
curfe  God  in  like  manner,  or  reproach  the  holy  Pvciigion  of  God,  as  if  it 
were  but  a  politick  devife  j  to  keep  ignorant  men  in  awe  jorfliall  utterany 
other  kind  of  Blafphemy  of  the  like  nature  and  degree,  they  fliall  be  put 
to  death,  Levit.  24.  if,it^, 

Murther.  4-  If  any  perfon  fhall  commit  any  wilful!  MLIRTHER  upon  pre 

meditate  malice,  hatred  or  cruelty,  not  in  a  mans  neceffary  and  jufl.  defence, 
nor  by  meer  cafualty  againfl  his  will,  he  fhall  be  put  to  death,  Lxad.  2 1 
/2,  / '.  Numh.  3S.3I' 


f.  If  any  perfon flayeth another fuddenly,in his  ANGER  or  CRU 
ELTY  of  paffion,  he  fliall  be  put  to  death,  Levit.- 2 4-  '7-  Numb.  ^f. 
20^  21. 

P^yjomv^.  6.  If  any  perfon  fliall  flay   another  through  guile,  either  by  POY 

SONING  or  other  fuch  DeviUlli  piadife,  he  fliall  be  put  to  death. 
Exod.  21.   14. 

Bc/liality.  7-  If  any  Man  or  Woman  fhall  LYE   with  any  BEAST  or  Bruit 

Creature,  by  carnal  Copulation,  they  fhall  furely  be  put  to  death,  and  the 
Bealt  fluU  be  flam  and  buried;  and  not  eaten,  Lcvit.^Q.  UyiO. 


8.  If 


Capital  L^ifs.  if 


8    If  any  Man  LYETH    with    MANKIKDE    as  he  lyeth   Scdcmy 
v/ith  a  Woman,  both  of  them  have  committed   Abomination,  they  both 
fliali  furely  be  put  to  death,  unlefs  the  one  party  were  foiced,or  be  under 
fourteen  yeafs  of  age,  in  which  cafe    he    fhall  be    fevercly  puniO.tu, 
Levit,  io.'  i;, 

9.  If  any  Pcrfon  COMMIT   ADULTERY   with  a  Married  or  tAduJtery, 
Efpoufed  Wife,  the   Adulterer  and  the  Adulterefs  fliall  furely  be  put  to 

death,     Lcvii.  io^jff.&  tS.  20.  Deut.  22.  23^27. 

10.  If  any  man  STE  ALE  TH     A     MAN  or  Man-kinde,  he  (Tiall  Man-Jleal 
(\irely  be  put  to  death,  Exod,  21.  16.  htg. 

13.  If  any  Man  rife  up  by  F  ALSE-WITNES  SE  wittingly,  ard  FaJfeveitm 
■of  purpofe  to  take  away  a  mans  Life,  he  fhall  be  put  to  death,     Deut. 
JQ.  iSM  IS.  16. 

15.  If  any  Man  C  O  Is' S  P I  R  E  and  ATTEMPT  any  I N  V  A-  Coufpiracy 
SION,  INSURRECTION  or  pubHck  REBELLION  againft 
our  Common-wealth :  or  fhall  endeavour  to  furprizc  any  Town  or  Towns,  ReheHicn, 
Fort  or  Forts  therein  j  or  fha'.l  Trcacheroufly  and  peri'id-:oufly  attempt  the 
Alteration  and  Subveifion  of  our  frame  of  Polity  or  Government  tunda- 
mentally,  he  fhall  be  put  to  death,  T^mh.  16.  zSa-.n.^.  2.  Sam.  is. 
J  Sam.  20. 

13.  If  any  Childe  or  Children  above  fixteen  years  old,  and  of  fuHi-  ChMren 
fient  underftanding,    fhall    CURSE    or    SMITE    their  natural  F  A-  curfe  or 
THER    or  MOTHER,  he  or  they  (hall  be  put  to  death,  unlefs  it  can  fmite  Ta- 
be  fufhciently  teftified,  that  the  Parents  have  been  very  unchriftianly  negligent  revts. 
in  the  education  of  fuch  Children,  or  fo  prwokcd  them  by  extreme  and 
ouel  Correftion,  that  they  have  been  forced  thereunto  to  preferve  thcm- 
felvcs  from  Death  or  Maiming_  .Excd.  21.  17.  Lsptt.  20.  0.  Exod.  21.  //. 

-S.  Ifr.Manhavca  ST  JD30RN  or  REBELLIOUS  SON  n.Miinus 
of  ftjificicnt  ycai.;  of  underftanding  f  ?/:;.)  fixtcfn  vsars  of  age,  which  will  ^^„ 
aot  ohcr  the  voice  of  his  Father,  or  the  voice  of  his  Mother,  and  that 
when  they  had  chaftened  him,  will  not  hearlien  unto  then,  then  fhall  his 
Father  and  Mother,  being  his  nctiira'.  Parents  lay  hold  on  him,  and  bting 
him  ro  d?e  T/lapii^ratCE  aflemblcd  in  Court,  and  teflifie  unto  them,  that 
their  Son  b  iVi.bbor',  and  rebellious,  and  wi>!  nor  obey  their  voice  and 
chr;flife:!)«it7  Sut  live;  :n  fundry  and  noiorious  Crimes :  fuch  a  fon  (hall  be 
put  to  death,  .Deut:  2^.  ::0j3j. 

fingle  Woman,  com-  Tijife. 
t  her  own  will ;  that 

- ^-, _, , _..  __  j._ ,_  either  with  death  or 

y-'^fir.  f.:ne  other  g,Ti.r'CV6  t/Hnifhment  accordJnr  £0  circvmftanccs,  as  the 
judges  c<-  General  Court  ftsii  determine,    C  '  ^  ->  y-  3 

17.  Fcrafmuch  as  Carnal  Catnlation  -^ith  a  Wo'-'^an  child:,  imdcr  ih: 
4l(^e  cf  icn  years y  i<  a  more  hainous  fn  th:n  "xtth  of.e  of  jjt:  j  ycan^  0:  cctng  '^''^l-  ^' 
incn:c  inhutiufic  attd  unthftural  in  it  'felf\  and  Kwe  pem'.ou}  to  the  life  and  '^  Cbili^. 
mSAxin<z  of  ilv  C'Mdc ; 
It  h  thfffforc  Ordered  by  this  Court  snd  the  Authotity  thereof,  that 

•    D  3.  whofc- 


I/T 


Caski  and  Com>tr^  dager.   Packer. 


vliofccver  he  be  (liall  commit  or  have  Carnal  Gopvilation  wjth  any  fixh 
Childc  under  ten  years  old,  and  be  legally  convi<Ited  thereof,  he  ftiall  be 
put  to  dcach.    [_  i('^p.2 


JSfon-ap^ea- 
ranee  m    a 
Capital 
Crime. 


1 7.  If  any  perfon  fhall  be  Indited  for  any  C  A  P I T  A  L  CRIME, 
(who  is  not  then  in  durance;  and  fliall  rcrnfe  ro  render  his  perfon  ro 
ioii\c  Magiilrate  within  one  month  after  three  Piociamations  publickly 
made  in  the  Town  where  he  ufually  abides,  there  being  a  montli  between 
Proclamation  and  Proclamation  :  his  Lands  and  Goods  fhaii  be  fejzcd  to 
the  ufe  of  the  Common  Trcafury,  till  he  make  his  lawful  appcarnnce. 
And  fiich  withdrawing  of  himfelf,  fliall  Hand  m  ftcad  of  one  wjtnefs  to 
prove  his  Ciime,  unlcfs  he  can  make  it  appear  to  the  Court  that  he  was 
neceflaiily  hindied.     [  1646.'] 


Cssl^    and     Cooper.     Cager.     Packer. 


Cn^y  l!icii  Ailize 
and  •lu^liry. 

OagCTS  fee. 
Coopers   rratk. 

A.'Si.  p.2- 


DcfeaWe    Cask 
fcrfeit. 


Choice  of  Gjgir 
and  Pjcksr 


T  T  is  Ordered  by  this  Court  and  the  Authority  thereof-  That  all  Cask 
1  ufed  for  any  Liquor,  Fifh,  Beef,  Pork,  or  other  Commodities  to  be  put 
to  Sale,  fhall  be  of  London  Afhze,  and  of  found  and  well  fcafoned  Tim- 
ber ^  And  that  fit  perfons  fhall  be  appointed  from  time  to  time,  in  all 
places  necdfull,  to  Gage  all  fuch  VelTels  or  Cask,  and  fuch  as  fhall  be 
found  of  due  Aihze,  fliall  be  marked  with  the  Gagers  mark,  who  fhall 
have  for  his  pains  fcur  feme  pr  Tun,  And  every  Cooper  fliall  have  a 
diftinft  Brand  marfc  on  his  own  Cask,  upon  the  penalty  of  forfeiture  of 
tv^mty  fillings.  And  whot'oever  fhall  put  to  Sale  any  new  Cask,  being 
defediive,  either  in  Woikmanfliip,  Timber  or  Afhzcs  as  aforcfaid,  upon 
due  proof  made  before  any  one  Magiftiate,  he  fhall  forfeit  fuch  Cask  to 
the  infoimer,  and  be  fined  to  the  ufe  of  the  Country  ten  piill'mgs  per  Tw!^ 
and  fo  propottionably  for  greater  or  lelTer  Cask.  And  becaufe  there  may 
be  no  negledt  in  the  choice  of  a  Gager  or  Packer;  It  is  Ordered,  that 
every  Town  within  this  Jurifdicftion,  wherein  any  Cask  are  made,  fhall 
yearly  make  choice  of  a  fit  man  for  that  imployment,  who  being  ptefen- 
tcd  by  the  Conflable  within  one  Month  after  the  choice  made,  before  any 
one  Magiftrate,  fhall  there, take  his  Oath  belonging  to  his  place,  which  if 
he  fhall  lefufe,  he  fhall  pay  the  fum  of  forty  [Iti/lings^  and  another  fhall  be 
chofcn  in  his  rocm.  Alfo  the  Town  or  Conflable  fhall  either  of  them 
fuffer  the  like  penalty  for  their  ncgled  of  this  Order.  And  every  Gager 
or  Packer,  fhall  fee  th2t  all  Cask  he  packs,  Beef,  Pork,  Mackerel,  Fifli  or 
Otlier  Goods  is  committed  to  his  Care,  be  of  true  and  full  Affitc,  and  that 
he  packs  the  fame  in  no  other  Cask  whatfoever,  on  penalty  of  ten  p>il- 
hngs  for  every  C"s!:  by  lum  packed,  that  is  or  fhall  be  dcfc<flivc  in  that 
refpecfi,  one  l-.alf  to  the  Informer  and  the  other  half  to  the  Country. 

2.  nyind  for  the  preventing  deceit  of  any  perfon  in  the  packing  of  Fifh, 

^It  m%TcVfn?   B(ef  and  Pork^to  be  put  to  Sale  in  this  and  other  Jurifdi^ions : 

Becr&fofk.&c  It  is  Ordered,  That  in  every  Town  where  any  fuch  Goods  are  packed 

up  for  Sale,  the  Gager  or  Packer  of  that  Town,  or  of  the  Town  wherein 

it  is  put  to  Sale  or  Shipped,  fhafl  fee  that  it  be  well  and  orderly  pstformcd, 

that 


rruft 
good 

iinin   Cask     of 

full  Afflio 


'P.icl<cr 
pack  ro 


Cco^crs  Jiaves.  CattlCf  Corn-FnUi^  ftticii. 


17 


tbar  Is  to  fay.  Beet  and  ?ork,  the-  whole,  half  or  quarter,  and  fo  propor-    f^^„,ht  i-j- 

tionablv,  that  the  bcfl  be  noi  leu  out.    And  fo  Fifli,  that  they  be  packed    pu  lu^ 

all  of  one  kmdc,  and  that  all  Cask  fo  padced  be  full  and  found,  and  weU 

feafoncd,  fctting  his  Seal  on  all  Cask  fo  packed,  and  he  (hafl  recover  of 

the  owneis  tor  i'o  packing  and   fealing,  foio  JhilUngs  per  1  un  ^  but  li  the 

Cagcr  do  only  view  them,  and  finde  them  good  and   fudicient,  he  ihalj 

fee  his  Seal  upon  them,  and  have  one  jhtllmg  per  Tun  for  fo  doing,  and  it 

fuch  goods  fo  packed,  (hall  be  put  to  fale  v/ithout  the  Gagers  mark,  he    c^notnoriad 

Ihall  forfeit  the  faid  Goods  that  fo  puts  them  to  fale  ^  the  one  half  to  the    »••*■"• 

Informer,  the  oLher  half  to  the  Country.     \_  164*- ■^7-  J'-  J-^-  3 


vv 


To  Regulate  Coopers-Staves. 

r Hcncs    ihe    Law    tit.    Pipcflaves,    provides    only  for  Tipe-Jiaves 
for  tight    Casky  and  that    Hogjhead-fl^ves  and  "Bcrrd  fiaves  both  of 
Tv'dcc  and  red  Oak.,  ^^  wf//  as  for   Ftpc-Jlaves,  are  fret[uef?tly   tranffortedj 
and  trajjiqued  tn  payments,  both  to  the  Country  Trcafury,  and  athcrwife ; 

It  is  Ordacd  by  this  Court  and  the  Authority  thereof,  That  all 
Hogs-head  fi.aves  {hall  be  in  length  three  foot  tv;o  inches,  or  upwards, 
not  exceeding  th-ee  foot  four  inches;  and  all  Barrel  fvaves  fhall  be  in  ^^^^^^3,,:^ 
Icr^th  thirty  one  inches,  all  well  and  even  r!e^vcd  or dreflcd  fuificiently  for  tcte^l'Op* 
life,  as  for  Pipe-fuves  is  exprefTcd-,  whether  of  white  or  red  Oak.  And 
all  Headings  for  Pipe-flaves  of  any  fort  ro  be  in  length  twenty  eight 
inches;  and  for  Hogsheads  and  Barrels,  fui'-able  to  the  Cask  to  be  made 
thereof ;  and  that  it  be  inferred  in  the  Oath  appointed  for  ykncrs  of 
Ftpe-fiaves^  Any  thing  ia  the  afbrefaid  Law  to  the  contrary  norwith- 
&anding. 


Cattle    Coryifields.     Fences. 


IT  is  Ordered  by  this  Court  and  ihe  Authority  thereof;  That  in  all  Corn-   goTd'tu"Fo^rt 
fields,  which  arc  inclofed  in  Common,  Cv'cry  party  intercftcd  therein, 
fhall  from  ume  to  time  make  good  his  part  of  the  fence,  and   fliall  not   socattic  tote 
put  in  any  Cattle,  fo  long  as  any  Com  (hail  be  upon  any  pajt  of  it,  upon    ^^ViTt"''  ^'''° 
painc  to  anfwer  all  the  damage  that  fliall  come  thereby.    ^  '((47.2 

2.  whereas  it  is  found  by  experience,  that  there  hath  been  much  trouble   P''-"'""*^^. 

J     I  /r  r  I   rr-  i  r      »•         •  n  i         •  /•       ■  r  Land  may  Orjii 

and  d'.ffcrcncc  in  jiveral  Tuxvns,  about  tke  Fencir.^^  Plant mg^fawin^,  Feeding    common  fifids 
and  Ordering  of  Common  fields ; 

It  is  therefore  Ordered  by  this  Court  and  the  AuJiority  thereof; 
That  where  the  Occupiers  of  the  Land,  or  the  greueft  part  tlicreof,  can- 
not agree  about  the  fencing  or  unprovement  of  luch  their  faid  fields,  that 
then  the  Scle(f\  men  in  the  feveral  Towns  (hall  order  the  fame,  or  in  taie 
uherc  no  fuch  arc,  then  :hc  major  part  of  the  Frcancn  ( with  what  coq- 
vciiient  fpecd  they  may)  (hall  dctevmine  any  fuch  dilfcrcncc  as  maya/ife 
upon  any  mformation  given  them  by  the  faid  Occupiers,  excepting  futh 
Occupiers  Land  (hall  be  fufhciently  fenced  by  it  felf,  which  any  Occupier 
of  Land  may  lawfully  do.     [^1643.  .*/-J 

£.  3.   whereas 


in  (<:  vcr.ll 


i8 


Cattle.     Corn-fields.     Femes. 


3.  whereas  this  Court  hath  long  fmce  provided,  thai  all  men  fraS  Fence 
their  Corn,  /Mtadcw^ground  and  jhch  like,  agamjt  o?eat  Cati'e,  to  the  end 
the  increafe  of  CatiU  efpecially  of  Cows  and  tbiir  breed  fhouid  not  he  hmdred, 
there  being  then  but  fav  Horfes  m  the  Country,  which  fmce  are  much  mcreafed, 
many  whereof  run  m  a  fori  wide,  doing  much  damage  in  Com  and  other 
things,  notwtthjlandmg  fence  made  up  according  to  the  true  i-ittcni  of  the 
prder  in  that  cafe  eflablijhcd,  ma^iy  vrhreof  are  unknoivn,  mojl  fo  umuly 
that  they  can  by  no  means  k,-  caught  or  got  mtocuflody,  whereby  their  on^iers 
might  anfwer  de^nages ,  andif fometimes  with  much  diffcul'ty  afid  charge  they 
be,  they  are  in  danger  of  pert  flung  before  the  owner  appears  or  can  be  found 
out,  nil  which  to  Prevent; 

!t  is  Ordered  by  this  Court  and  the  Authority  thereof^  That 
every  Town  and  Peculiar  in  this  Jurifdiflion,  flmll  henceforth  give  fomc 
diftindi  Brand-mark,  appointed  by  this  Court  (  a  Copy  of  which  marks, 
each  Clerk  or  the  Writs  in  every  Town  fhall  keep  a  Record)  upon  the 
Horn,  Of  Left  Buttock,  or  Shoulder  of  all  their  Cattle  which  feed  in  open 
Common  without  conftant  Keepers,  whereby  it  may  be  known  to  what 
Town  they  do  belong.  And  if  any  Trefpafs  not  i^o  marked,  they  fhall 
pay  double  Damages :  nor  fhall  any  perfon  knowing,  or  after  due  notice 
given  of  any  Beaft  of  his  to  be  unruly  in  refpecfi  of  Fences,  fufFcr  fiich 
Beafi  to  go  common,  or  againfl  Corn-fields,  or  other  impropriate  inclofcd 
grounds  fenced  as  aforefaid,  without  fiich  Shackles  or  Fetters  as  may  re- 
ftram  and  prevent  Trefpafs  therein  by  them  from  time  to  time.  And  if 
any  Horfe  or  other  Beaft  Trefpafs  in  any  Corn  cr  other  inclofure,  being 
Fenced  in  fuch  fort  as  fecures  againft  Cows,  Oxen  and  fuch  like  cderly 
Cattle  j  the  Party  or  Parties  TrefpafTed  fhall  procure  two  fufficient  Inha- 
bitants of  that  Town,  of  good  repute  and  credit,  to  view  and  adjudge  the 
harms,  which  ihe  Owner  of  the  Bealt  fhall  fatisfie  when  known  upon 
rcafonable  demand,  whether  the  Eeaft  were  impounded  or  not :  Bur  if 
the  Owner  be  known,  and  near  reiiding,  as  in  the  fame  Town  or  the  like, 
he  (hall  forthwith  have  notice  of  the  Trefpafs  and  Damage  charged  Ppon 
him,  that  if  he  approve  not  thereof,  he  may  nominate  one  fuch  man,  who 
with  one  other  chofen  by  the  party  damnified,  as  aforefaidj  fhall  reviev/ 
and  adjudge  the  harms  ■,  Provided  they  agree  of  damage  within  one  day 
after  due  notice  given,  and  that  no  after  harms  intervene  to  hinder  il, 
which  being  forthwith  difcharged,  together  with  the  charge  of  the  notice, 
former  view  and  determination  of  damage,  the  firft  Judgement  to  bevoid^ 
or  clfe  to  fland  good  in  Law  ^  Provided  notwithftanding,  the  party  Tref- 
palTed  fliall  not  be  barred  of  his  Adion,  albeit  the  harms  be  not  viewed 
and  judged  according  to  the  dire<f\ion  aforefaid. 

And  if  any  Cattle  be  found  damage  feizant,  the  party  damnified  may 
impound  or  keep  them  in  his  own  private  Clofe  or  Yard, till  he  may  give  notice 
to  the  ownei,  and  if  they  cannot  agree,  the  Owner  may  Replcvie  them, 
or  the  other  party  may  return  them  to  the  owner,  and  rake  his  remedv 
according  to  Law^  yet  in  cafe  of  involuntary  Trefpafles,  where  fucfp 
Tre  pafltr  fhajl  pay,  or  Legally  tender  full  recompence  for  all  the  damage 
done  by  him  before  any  fuit  commenced,  the  FlaintifTc  fhall  recover  no 
cort:  of  his  fuit. 

And  in  all  Tre  paffes  or  damages  done  to  any  man,  if  it  can  be  pro- 
ved to  be  done  by  the  mecr  default  of  him  to  whom  the  damage  is  done, 
It  fbalJ  be  judged  no  Trefpafs,  nor  any  damage  given  for  if.     [  1646'] 


Evfry  Town  to 
rcatk  foi  CJttlc. 


Catile  not  ran- 
ked   trclViffiiig 
pay  double 
damage. 

tli'inl/  cattle  TO 
aoiri  Fellers. 


tlsrins  to  be 
viewed  by  luCfi- 
cicnc  men. 

JJotii-e  to  be  gi- 
ven to  Iheowt.er 
of  Ihe  Beaft. 


L.2.P.8. 


L.2.P.8. 


In  voluntDry 
Trefpafs  pay  no 
toft. 

JL.i.P.ji. 

Colts  pay 
ioublc  diinago 


4.  For  all  harms  dene  by  Goats,   there  fhall  be  double  damage  al- 
lowed, and  when  any  Goats  are  taken  in  Corn  or  Gaideiiijthc  owner  of 

ibch 


Cattle.     Corn-fields.     Fences. 


I? 


fuch  Corn  or  Garden,  may  keep  and  ufc  the  faid  Goats  tili  full  fatisfa- 
dhon  be  made  by  the  owners.      £  i646.'\ 

5*.  forafmuch  as  Cotnflaints  have  been  made  of  a  very  evil  PraQife  cf 
fome  disordered  Ferfons  in  the  Country,  nho  ufe  to  t^f^e  ether  rmns  Horfes^ 
fontctima  upon  the  Commons,  and  Jornetimcs  out  of  their  own  Cjrounds  and 
hiciofures,  &  ride  them  at  their  pkafure  without  any  leave  orp-ivHy  of  the  Ovmers; 
It  is  therefore  Ordered  and  Ena(fled  by  the  Authority  of  this  Court  j 
That  whofoever  ("hail  take  any  other  mans  Horfe,  Marc,  A/Te,  or  drawing 
bcair,  cither  out  of  his  inclofurc,  or  upon  any  Common  or  clfewhere,  ^°'^'  <="  f"""<' 
(except  fuch  be  taken  damage  fcizant  and  difpofcd  of  according  to  Law/  wuhout  !««.■ 
without  leave  of  the  Owner,  and  fhall  ride  or  ufe  the  fame,  he  fhill  pay 
to  the  party  wronged  treble  damages,  or  if  the  Complamant  -fhall  defire 
it,  then  to  pay  only  ten  fJullin^s,  and  fuch  as  have  not  to  make  fatisfa- 
(flion,  fhall  be  punifhed  by  whipping,  imprifonment  or  othervvafc,  ^s  by 
Law  lliaK  be  adjudged,  and  any  one  Magiflrace  or  County  Covut  may  hear 
and  determine  the  lame.     [_i647.} 


Riding  or  work- 
'ng   C'lHer    rnei«: 


Perjity  trfPle 
damge or  whip 


6.  For  the  better  preferving  of  Com  from  damage,  by  all  kinde  of  Cattle, 
and  that  all  Fences  of  Corn- fields^  Tnay  from  time  to  time  be  fuffcicntly 
upheld  and  maintained ; 

It  is  Ordered  by  this  Court,  That  the  Seled  men   of  all  Towns,  fhall 
make   wholfome   Orders,   for  the  repairing  of  all  Fences    both   general 
and  particular,  within  their  feveral  Townfliips,  exceptmg  Fences  belonging  to 
Parms  of  one  hundred  Acres  or  above,  and  have  power  to  impofe  fines 
upon  all  Delinquents,  not  exceeding  twenty  flnlUn^s  for  one   offence;  and 
if  any  Seled  men  fliall  ncglcd  to    make   Orders  as  aforefaid,  they  fhall 
forfeit  fve  Pounds  to  the  ufe  of  the  Town,  and  fo   for  every  Months  de- 
fault from  tune  to  time;  and  the  faid  Seled  men  of  every  Town  fliall 
appoint,  from  year  to  year,  two  or  more   (if  need  require  ;  of  the  Irha- 
bitants  thereof,  to  view  the  Common   fences,  of  all   their  Corn  fields,  to 
the  end,  to  take  due  notice  of  the  real  defedts  and  inrufTiciency  thereof, 
who  (IkII  forthwith  acquaint  the  owners  thereof  with  the  fame;  and  if  the 
faid  Owners  do  not  within  fix  dayes  time  or  otherwifc  as  the  Selecft  men 
fhall  appoint,  fufficiently  repair  their  faid  defective    fences:  then  the  faid 
two  or  more  Inhabitants  appointed  as  aforefaid,  fhall    forthwith  repair  or 
renicw  them,  and  fhall  have  double  recompence  for  all  their  labour,  care 
coft  and  trouble,  to  be  paid  by  the  Owners  of  the  faid  infufficient   Fence 
or  Fences,  and  iTiall  have  warrant  from  the  faid  Selecft   men,  direcfled  to 
the  Conftablc  to  levy  the  fame,  either  upon  the  Corn  or  other   efbate  of 
the  Delinquent:     Provided  the  defccft  of  the  Fence  or  Fences  be  fuffici- 
ptitly  proved  by  two  or  three  witncfTes.     [_i647.^ 

•J.  Where  Lands  lye  in  Common  unfenced,  if  one  man  fhall  improve 
his  Land,  by  fencing  in  feveral,  and  another  fhall  not,  he  who  fliall  fo  im- 
prove, fhall  fecure  his  Land  againft  other  mens  Cattle,  and  ftall  not  com- 
pel  fuch  as  joyn  upon  him  to  make  any  Fence  with  him,  except  he  fhall 
alfo  improve  m  feveral  as  the  other  doth.  And  where  one  man  fhall  im- 
prove before  his  neighbour,  and  fo  make  the  whole  Fence,  if  after  his  " — 
faid  neighbour  fhall  improve  alfo,  he  fhall  then  fatisfie  for  half  the  others  '"■'"' 
Fence  againfl  him,  according  to  the  prcfcnt  value,  and  fhall  maintain  the 
fame;  and  if  the  firlt  man  fliall  after  lay  open  his  faid  field,  then  the  faid 
neighbour  (hall  enjoy  his  faid  half  Fence  fo  purchafed  tohis  own  ufe,  and  fliall 
alfo  hdve liberty  to  buy  the  other  half  Fence,  paying  according  to  prefent 

1:  ;i  valuatKjji 


j4.J^.P.20 


SclfcV  mm  to 
order tl>c  repair 


To  appoinr 
vicwfrsof  <:orn- 
rfian  Fences 

To  g.*'e  tici'icc 
oiitttCi  to  tlij 
Ownoj 


Or' nets  to 
pair  u'lthin 
djyes. 


re- 
lix 


Elfethe  citwcrr 
tomc'it  thrni  & 
h^'^e  dotit-lc  rc- 


Pi  ft  it  ten  Pcpc4 
V>ttp/ccn  Qctgh- 
boLir&     torn  by 


20  lencc,    Caufes.  Small  Caufes. 


valuation,  to  be  fet  by  tv/o   men  chofen,  by   either  party  one:  the  like 

Order  fhall  be  v/herc  any  man  (hall  improve  Land  agamft  any  Town- 

^  Common.      Provided  this  Order  fhall  not  extend  to  Houfe  Lots  not  cx- 

Tcm.ts.°  *  cvcding  ten  Acres ,  but  if  fuch  one  fliall  improve,  his  neighbour  fliall  be 

compellable  to  make  and  maintain  one  half  of  the  Fence  between  them, 

T.irnfficicnt         whether  he  improve  or  not.     Provided  alfo,  no  man  fhall  be  liable  to  fa- 


£i;ufc  no  djc-iago 

and  Calves. 


fhall  put  his  Cattle,  or  otherwife  voluntarily  Trefpafs  upon  his  neighbours 
grovind  :  and  if  the  patty  damnified  finde  the  Cattle  damage  feiiant,  he 
may  'mpound  or  otherwife  difpofe  of  them,     []  1642^ 


W 


F  E  N  c  e. 

'Hcrcds  the  Laws  publipud  ccncermn^  Fences  dnd  Cciti\t\heiyighi\he 
fecond  Editicn^  tranf^orted  from  tkeir  frft   order  and  method^  much 
6ijficiihy  doth  many  times  cnfe  concerning  the  true  meaning  thereof,  wherrly, 
jff.if     damages   do  aarew  to  many   of  the  hihabitants  ^  and   ccnfc'iuentiy^ 
to  the  Cfuntry.  I'or  p'eventtcn  rvherecf-^ 
r-nce  to  t«ure       "^^'^  Court  doth  Order  and  Enatfi',  That  where  any  Cattle  fhall  Tref- 
CotoFieHs.        pafs  on  any    propriety,  not  appearing  to  be  fuflncicntly   Fenced,  againfl 
Swine  fufl'icicntly  yoaked  and  ringed,  or    Cowes  and  fuch   Cattle  as  will 
tc  redrained  by  a  fufficient  Fence,  in  the  judgement  of  the  viewers  of  the 
Fences,  as  Fa^.  11.  Sed.  6.  in  all  fuch  cafes  the  Owners  of  the  Fence,  or 
of  the  Land,  lliall  bear  all    fuch  damages,  as  to  them  thereby  fuf^ained, 
any  thing  in  the  faid  Order,  or  any  other  Law,  Cudome  or  Ufage  to  the 
contrary  notwithftanding.     \^t662~\^ 


Ciiufes  Small  Caufes, 
■> 

FO  %^  C'^y^tr  the  Char^v  and  hcumhancc  of  Courts  ly  fmalL  Caufcf^ 
It  is  Ordered  by  this  Court  and  Authority  thereof.  That  any  Magi- 
u/id'a  4o. 6.         Arate  in  the  Town  where  he  dwells,  may  hear  and  detcimine  by  his  dif- 
crction  Cnot  by  jury)  according  to  the  Laws  here  cftablifhcd,  all  caufcs 
anfing  in  that  County,  wherein  the  Debt,  Trefpafs  or  Damage,  doth  not 
exceed  Forty  jliillmp,  who  may  fend  for  parties  and  witncfles  by  Sum- 
mons or  Attachment  dtrefTlcd  to   the  Marfhall  or  Conftablc.  who  (hall 
faithfully  ccecutc  the  fame. 
Three Ccrrm-.iri-        j\nd  it  IS  further  Ordered,  that  in  fuch  Towns  where  no  Magiftrate 
tl'^lr^irZT     dv.-ells,  the  Court  of  Affilbnts  or  County  Court,  may  from  time  to  time 
jcaafk  upon  rtqucft  of  the  faid  Towti3,  fignifitd  under  the  hand  of  thcConftable, 

appoint  three  of  the  Freemen  a3  CommifFioners  in  fuch  cafes,  any  two 
\thercof,  tliiill  have  like  pov/er  to  hear  and  determine- all  fuch  caufes 
therein  either  party  is  en  Inhibitint  of  that  Town,  who  have  hereby  po- 
wer to  itnd  for  Fatties  and  Witncffcs,  by  Summons  or  Attachment  dirc' 
ded  to  the  Conftablc,  fi5  alfo  to  Adminidcr  O&lhs  to  WuncfTes,  and  to 

give 


CaUfes.  Small  Cauj'ej.  zt 

give  time  to  the  Defendant  to  Anfv/er  if  they  fee  caufe  j  and  if  the  Party 
Summoned  refufe  to  give  in  his  Bond  or  Appearance  jor  fentenced,  refufe 
to  give  fatisfaAion,  where  no  goods  appear  in  the  fame  Town  v/herc  the 
Farcy  dvv'ells,  they  may  charge  the  ConftaUe  with  the  party,  to  carry  him 
before  a  Magiftratc  or  Shirc  Court  (if  then  fitting)  to  be  further  pro-  L.i.  p.4.6. 
cecded  with  according  to  Law,  but  the  faid  CommilTioners  may  not  com- 
mit to  Prifon  in  any  cafe.  And  where  the  Parties  live  in  feveral  Towns, 
the  Defendant  fhall  be  liable  to  be  fucd  in  either  Town  at  the  liberty  of 
the  Plaintiffe. 

■2.   eyind  forafrhuch  as  the  Magiftratcs  are  under  cm  Cath  of  Cod^far 
difpenjing  equal  jujlice  according  to  Lavp  j 

It  IS  Ordered  by  the  Authority  aforefaid,  that  a!i  AlTodatesfor  County 
Courts,  when  and  where  there  (hall  be  any,  and  all  fuch  Commiflioners  ^ff„,-,,^.,  ^^ 
Authorized  as  aforefaid,  (hall  be  fworn  before  each  County  Court  orfomc  commiirionerj 
Magiftrate  in  that  County,  unto  the  faithful  difdjarge  of  the  truft  and  po-  '°  '^f'""" 
wer  committed  to  them. 

And  it  is  further  Ordered,  That  in  a']  fmall  Caufes  as  aforefaid,  where 
only  one  Magiftrate  dwells  in  the  Town,  and  the  Caufe  concerns  himfelf, 
as  aifo  in  fuch  Towns  where  no  Magiftrate  is,  and  the  Caufe  concerns 
any  of  tht  three  Commiflioners,  that  in  fuch  cafes  the  Sele<ft  men  of  the  seifa>"«'ito 
Town,  fiiall  have  power  to  hear  and  determine  the  fame,  and  alfo  to  graunt  t'v  caufe; 
execution  for  the  levying  and  gathering  up  fuch  damages  for  the  ufc  of 
the  perfon  damnified,  as  one  Magiftrate  or  three  Commiflioners  may  do. 
And  no  Debt  or  Action  proper  to  the  Cognizance  of  one  Magiftrate  or  t  ,  _  ^ 
the  three  Commiflioners  as  aforefaid,  fhall  be  received   into  any  County     "  '"'*' 
Court,  but  by  Appeal  from  fuch  Magiftrate  or  Com mi.Ti oners,  except  in  ^o"t--cain'tc. 
cifes  of  Defamation  and  Battery.     [  / (J-f 7.  .f ^.  3  tionvundc:  4^.5 

3.  whereas  by  rcafon  of  the  concourfe  of  People,  and  increafe  of  trade  iti  the    .  ^ 

Town  of  BofioKy   Suit,   at   Law    are  grown  more   frequent^  whereby  the      '^    '  "' 
County  Courts  are  much  prolonged,  and  forafmuch  as  many  crtmes  are   alfo 
committed  in  the  faid  Town,  by  ftr angers  and  others,  which  often  efcafe  un- 
^unifhcd  j   For  the  prevention  whereof. 

It  IS  Ordered  by  this  Court  and  the  Authority  thereof,  that  there  be  cemmiaioncrs 
feven  Freemen  refident  in  Bofton,  annually  chofen  by  the  Freemen  of  the  "^  Lofton, 
faid  Town,  and  prefenttd  to  the  Court  of  Afliftants,  who  hereby  have 
power  to  Autliorizc  the  faid    fcvcn  Freemen  to  be  Commiflioners  of  the  chofai. 
laid  Town,  to  a(f^  in  things  committed  to  their  truft,  as  is  hereafter  ex- 
prefl'ed;   who  fhall  from  time  to  time  be  fworn  before  the  faid  Court, or  Swora. 
the  Govcrnour,  Deputy  Govcrnour  or  any  two   Magiftratcs.    And  this 
Court  doth  hereby  give  and  graunt  CommifTion  and  Autbonty  unto  the 
faid  fcvcn  men,  or  any  five  of  them,  or  any  three  of  them  with  one  Ma- 
giftratc, to  hear  and  determine  all  Civil  Adions  which  (hall  be  brought 
before  them,  not  exceeding  the  fum  of  Ten    Pounds,  arifing  within  the  Foaor  Jn ci»U 
neck  of  I  and  on  which  the  Town  is  Scituatc,    as  alfo  on  Neddies  Jjland,  5^^^^*'  "^° 
or  betwixt  any  pcrfons  where  both  parties  (hail  be  Inhabitants  or  Rcfi- 
dents  within  rhe  faid  Neck  or  A/'oi/f^/a  f/?anrf  aforefaid,  or  where  either  party 
Ihatl  be  an  Inhabitant  or  Refident  aforefaid;  Provided  they  keep  a  Book 
of  R.ecords  for  the  entry  of  all  Caufes,  Evidences,  Tcftimonies,  Sentences 
and  judgements  as  the  Law   provides  in  like  Cafes -,  which  faid  Com- 
miilioncrs  are  Authonzcd  arrailly,  to  appcm:  a  Clerk  of  their  Court  and 
to  demand  nnd  receive  of  every  Plain tifte  in  ill  Cafes  or  Aftions  not  tx- 
ceeding  Forty  {hiSwgs,  rhe  fum  of  three  fhtllir.gs  four  pence ;  and  for  all 

£  3  ctict 


22 


Charges     Fublkk. 


Tn  CriminDJ  Ca- 


Other  Aflions,  the  ihra  of  ten  Jhii/ings -^  and  for  all  other  things  the  ac- 
cuftomed  fees;  and  the  faid  Conimiflloners  fhall  from  time  to  time  pub- 
lifh  their  Court  dciycs,  as  the  tbec  CommifTioners  in  Towns  are  bound  to, 

u4nd  for  ibe  dijcovtvy^  -prevcnUon  and  punijhment  of  Mifdcmeanoms  in  the 
Town  of  Bcftm ; 

Power  and  Authority  is  hereby  given  and  granted  to  the  faid  Com- 
mifiioners,  and  every  of  them,  by  Warrant  under  their  or  his  hand,  to 
ccm'ent  before  them,  or  any  of  them,  all  fuch  perfons  as  fhall  be  com- 
plained of  for  fuch  offences,  or  otherwife  brought  to  their  cognizance^ 
and  to  hear  and  determine  the  fame,  according  to  the  Laws  here  eftabli- 
■flicd  as  any  Magiftrate  may  do,  Provided  the  fines  impofed  by  them,  do 
not  exceed  forty  fhiUings  for  one  offence. 

j^nd  that  the  faid  Commijftcners  may  the  better  and  more  diligently  en- 
deavour the  fn^^ejji'^ig  of  fin  and  mifdemeanours,  and  the  breach  of  the  peace 


Officits  rcqci- 
rtd  to  i/n/l  the 


^4''^.3. 


NonetoteCom- 

iiiiflioBtrbut 
fuch  ii  arc  ap 
proved. 


in  the  faid  Town ;  Their  Commiflion  fhall  be  from  time  to  time,  under 
the  hand  of  the  Secretary  of  the  General  Court.  And  alfo  all  Marflialls, 
Conftables  and  other  Inhabitants  rcfpedtively,  arc  required  to  be  aiding 
and  affifting  our  Commiffioners  aforeiaid  in  this  behalf. 

u4nd  that  no  pcrfon  may  h^  difcouraged  or  damnified  hy  this  Commiffton ; 
It  fhall  be  lawful  for  any  perfon  to  Appeal  from  the  Sentence  of  all  or 
any  of  them  to  the  Court  of  Affiftants,    [_iSsi.'} 

4.  ty4nd  hecaufc  the  ConifKi[fioners  in  the  feveral  Tcums  have  To- 
ner of  ludicaturt,  the  exercife  whereof  is  of  greet  concer;im:nty  both  to  Towns 
and  Country ; 

It  15  therefore  Ordered,  that  henceforth  theft?  Oiall  be  none  admitted  to 
be  a  Coramifljoner  for  any  To'wn  m  this  Jurifdidbon,  but  fuch  whofecorj- 
verfation  is  inoffenfive,  and  whofe  fideHty  -fo  the  Country  is  fufJcientJy 
Icnown  and  approved  of  by  the  County  Court  of  that  Shire.  []  /6j4'2 


Charges  TubUcJi^ 


noae  to  he  im. 

fiuiui  ia  p^ib- 
IJck  trvicf  at 
Ifidrcwn  chatQC 


Evry  tnbibi- 
taot  to  pJy  to  all 
charge I'n 
Churcb  mi 
CoawQQ.weaJih 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  no 
Governour,  Deputy  Govemour,  AHifiant,  AHbciate,  Grand  or  Petty 
Jury  man  at  any  Court,  nor  any  Deputy  for  the  General  Court, 
nor  any  Commiffioners  for  Military  Difcipline  at  the  time  of  their  pub- 
lick  meetings,  ftiall  at  any  time  bear  his  own  charges,  but  their  neceilary 
cxpcnccs  fhall  be  defrayed,  cither  by  the  Town,  or  the  Shire  on  whofe 
fervicc  they  are,  or  by  the  Country  in  general.    [,'631.  41.2 

2.  The  Couit  confidering  the  ncceffity  of  an  equal  Ccntnhuticn  to  ail 
common  charges  in  Towns -^ 

Doth  Order,  That  every  Inhabitant  fhall  Contribute  to  all  Charges  both 
in  Church  and  Common-wealth,  whereof  he  doth  or  may  receive  benefit :  And 
every  fuch  luhabitart  who  fliall  rot  Contribute  proportion  ably  to  his  abi- 
lity to  all  tcmmon  Charges,  both  Civil  and  Ecclefiaftical,  fhall  be  corn- 
pclled  thernjnto.  by  Affcismcnt  and  Diftrefs,  to  be  levied  by  the  Conftable 
01  other  Ofiiccr  of  the  Towtij  and  the  Lands  and  Eflates  of  all  m^n- 

(whcrein. 


charter    Publickz  2? 


wherein  they  dwell)  fhall  be  Rated  for  all  Town  chutes,  both  Civil  and 
Eccleficftical  (as  =Jorcfaid )   where  the  Lands  and  Eltates  fhall  lye,  and  loVy'lthcre*** 
their  pcrfons  where  they  dwell.  'ho  1^. 

3.  For  a  more  equ^I  and  ready  way  ef  raifmg  means  for  d( fraying 
the  fublick^chnrges,  and  for  {reventing  fucb  inconvcniencts  as  have  fallen  out 
u^oH  former  ^ffcfsments ; 

It  is  Ordered  and  Enadcd  by  the  Authority  of  this  Court;  That  the  cointryRate 
Trcafurer  for  the  time  being,  fliall  from  year  to  year  in  the   fifth  Month, 
without  expcding  any  other  Order,  fend  his  warrants   to  the  Conftable  r/ntto'tbc cm-^ 
and  Sdcdt  Men  of  every  Town  within  this  Jurifdiiftion,  requiring  the  Con-  lUble. 
ilabie  to  call  together  the  Inhabitants  of  the   Town,  who  being  fo  afTcm- 
bled,  fhall  chufc  feme  one  of  their  Freemen  to  be  a  CommifTioncr  for  the 
Town,  who  together  with  the  Scle<ft  men,   for  their  prudential  affairs,  ^^^^^„^^,aixez 
fliall  Come  time  in  the  fixth  Month  then  next  cnfucing,  make  a  Liftof  all  the  tc.t.e  valued  la 
Male  pcrfons  in  the  fame  Town  from  fixteen  years  old  and  upwards,  and  t^o (■'»"> n'""*^ 
a  true  ciVimation  of  all  perfonal  and  real  eflates,  being  or  reputed  to  be 
the  cAace  of  all  and  every  the  perfons   in  the   fame  Town,  or  otherwife 
under  their  cuflody  or  managing  according  to  juft  valuation,  and  to  what 
pcrfons  the  fame  do  belong,  whether  in  their  own  Town  or  ellewhcrc,  fo 
near  as  they  can  by  all  lawful  means  which  they  mayufc,  r;c.  ofHoufes, 
Lands  of  all  forts,  as  well  broken  up  as  other  ( except  fuch  as  doth  or 
Ihall  lye  common  for  free  feed  of  Cattle,  to  the  ufc  of  the  Inhabitants  irr 
general,  whether  belonging  to  Towns  or  particular  Perfons,  but  not  to  be 
kept  or  bearded  upon  to  the  damage  of  the  Proprietors,)  Mills,  Ships  and 
all  fmall  Vclfels  Merchantable,  Goods,  Cranes,  Wharfs,  and  all  forts  of 
Cattle,  and  all  other  known  Eflatc  whatfoever,  either  at  Sea  or  on  Shore; 
all  which  Pcrfons  and  Eflates  are  by  the  faid  Coinmiffioncis  and  Selefi 
men  to  be  aneflcd  and  rated  as  here  followcth,  ifz..  every  Perfon  aforefaid       ^  „,  , , 
(except  Magiflrates  and  Elders  of  Churches)  one  (lulling  and  tight  pence  g V.  pei'hai 
by  the  head,  and  all  Eftatcs,  both  real  and  perfonal,  at  one  penny  for  eve-  sdiUiXone 
jy  twenty  Jhi/lingSy  according  to  the  Rates  of  Cattle  hereafter  metuioncd.  penny  per  pounJ 
The  Eflates  of  all  Merchants,  Shopkeepers  and  Facflors,  fhall  be   Aflefled  ^_  ji.p. i. 
by  the  Rule  of  common  eflimation,  according  to  the  Will   and  Doom  of  ^^^^,.,„,^  ,,;^^ 
ihc  AfTcfibrs,  having  regard  to  their  Stock  and  Eftate,  be  it  prefentcd  to  by  win  scdoom 
view  or  not,  in  whofc  hands   foevcr  it  be;  and  if  any  fuch  Merchants  y^  <-.p.  j?. 
iindc  themfelves  over  valued,  if  they  can  make  it  appear  to  the  Aflcllbrs, 
they  arc  to  be  eafed  by  them,  if  not,  by  the  next  County  Ccuit;     And  n^rcofboufeSc 
Fioufes  and  Landjof  all  forts  (except  as  aforefaid)  fhall  be  rated  at  an  fcjual  and 
indiflerent  value,  according  to  their  woith  in  the  Towns  and  Places  where 
they  lye.     Alfo  every  Bull  and  Cow  of  funr  years  old  and  upward  axthree 
pounds,  Heifers  and  Steers  hclwcen  three  and  four  years  old  at  f-f^y  Pn/lings,  Raeot'caiile. 
and  between   two  and  three  years  old  at  forty  Jhi/itngs,,  and  between  cue 
and  two  at  twevty  fhj,'liKgs,and  every  Oxc  of  four  years  old  and  upward  at 
five  pounds,  every   Horfc  and  Mare  of  three  years  o/a?  and  upward /I'c 
pounds,  between  tiro  and  three  at  three  pounds,  of  one  year  old  and  upwards 
at  thirty  fliiHings ;  every  Ewe  fheep  above  one  year  old  at  ten  Pii/l>ngs,cvS' 
ry  Goat  above  a  year  old  at  eight  jhillings,  every  Weather  fheep  above 
one  year  old  at  ten  (Jiil/ings;   every   Swine  above  one  year  old  at  Inenly 
fhiliings;  Every  AfTc  above  one  year  old  tit  forty  flii.Iings :    And  all   Cattle 
of  all  forts  under  a  year  old,  are  hereby  exempted ;   as  alfo   all   Hay  and 
Corn  in  the  Husbandmins  hand,  becaufc  all  Mcadovy,  arable  Ground  and 
Cattle  are  Rateable  as  aforefaid. 

And  for  all  fuch  pcrfons  as  by  the  advantasc  of  their  Arte  and  Tradcsv 

ace 


2+ 


Charges  Public^. 


Artificers  j.id 
yznii  Krai  ei 
Rated. 


1  inpotom  pel  - 
Jons  ehtmpied. 


Town- 


^llfiiracnli. 


CantiMt^  to 
ColUttin  the 
Dintb  njonlb. 


YccrilHr?  to  be 

j^fTcfTtdat  the 
nOU  T  own. 


Gomtnidlonpr? 
ocScteamcns 

forfeit  ^o.s. 


are  more  enabled  to  help  bear  the  publick  charge  then  con-jinon  labourers 
and  Workmen,  as  Butcherr,  Bakfyi,  Bren-crs,  FuruaUers^  Smiths^  Car- 
}>cnterSj  Tay  ors.  Shoemakers^, oyncrs.  Barbers.,  Alilkys  and  AlaUnn,  with 
all  other  manual  perfons  and  Artifts,  fucb  are  to  be  rated  for  returns  and 
gaines,  proportionable  unto  other  men  for  the  produce  of  their  Eftarcs  , 
Provided  that  in  the  Rate  by  the  Poll,  fuch  perron,s  as  are  difabled  by 
fickncfs,  lamenefs  or  other  infirmity  fhall  be  exempted.  And  for  fuch. 
Servants  and  Children  as  take  not  wages,  iheir  Parents  and  Mailers  fiidl 
pay  lor  them,  but  fiich  as  take  wages  ihall  pay  for  thenilelves. 

And  it  is  further  Ordered,  That  the    Coir.mifliioiiers  ior  the  feveral 
Towns,  in  every  Shire,  fhall  yearly  upon  the  tirft  fourth  day  of  the  week 
in  the  feaventh  Month,  aflemble  at  their  Shire  Town,  and  bring  with  ihcm 
fairly  written  the  jufl  number  of  Males  lifted  as  aforcfaid,  and   rlie  AfTefs- 
ments  of  Eftates  made  in  dieir  fevctal  Towns,  according  to  the  Rules  and 
Direcflions  in  this  prefent  Order  cxprcflcd ,  and  the   f^id  Commiffioners 
being  fo  aifembled,  fhall  ducly  and  carefully  examine  all  the   faid  Lifts 
and  Allefsments  of  the  feveral  Towns  in  that  Shire,  and  fnall  corrc<ft  and 
perfedl  the  fame,  according- to  the  tiue  intent  of  this   Order,  as   they  or 
the  major  part  of  them  fhal)  determine,  and  the   fame  fo  perfected,  they 
fhall  fpeedily  tranfmit  to  the  Trcafurer  under  their  hands,  or  the  hands  of 
the  major  part  of  them  \  and  thereupon  the  Trcafurer  fllali  give  warrants 
to  the  Conflables  to  collecft  and  levy  the  fame^    fo  as  the  wliole  AfTefs- 
ment,  both  for  Perfons  and  Eftates,  may  be  paid  in  unto  the  Trcafurer 
before  the  twentieth  day  of  the  nmth  Month  yearly  :  And  every  one  fhall 
pay  their  Rate  to  the  Conftable  in  the  fame  Town  wliere  it  fhall  be  Af- 
lefied,  (  nor  fhall  any  Land  or  Eftate  be  Rated   in  any  other  Town  but 
where  the  fame  lliail  lye,  or  was  improved  to  the  Owners,  reputed  Own- 
ers, or  other  Proprietors  ufe  or  behoof,  if  It  be  within  this  Jurifdidion) 
And  if  the  Trcafurer  cannot  difpofe  of  if  there,  the  Coi;ftabIe  fhall  fend  it 
to  fuch  place  in  Bojlon,  or  elfewhere,  as  the  Treafnrcr  fhall   appoint,  at 
the  charge  of  the  Country,  to  be  allowed  the  Conftable  upon  his  accompt 
with  the  T;eafurcr,  and  for  all  peculiars,  viz..  fuch  places  as  are  not  yet 
laid  within  the  bounds  of  any  Town,  the  lame  Lands  with  the  Perfons 
and  Eftates  thereupon,  fliail  be  Aftcfl'ed  by  the  Rates  of  the  Town  next 
unto  it ,    the    meafure    or    cftimation  fhall  be   by  the  diftance  of  the 
meeting  houfcs. 

^nd  if  any  of  the  faid  Ccmmijfioners  .,or  cfthe  SeleS  men.,  fiiall  wittingly 
fail  or  ncgkii  to  prform  the  truji  committed  to  them  by  this  Order,  in  not 
makj^t^,  correiiing,  fcrfcUing  or  tranfmitting  any  of  the  faid  Lijls  or  yipf^- 
jncnts  according  to  the  intent  of  this  Ord^r-, 

Every  fuch  Offender  fhall  be  fined  forty  fhiHirt^s  for  every  fuch  offence, 
or  fo  rriuch  as  the  Country  Ihall  be  damnified  thereby,  fo  it  exceed  not 
forty  finllin^s  for  one  offence,  provided  foch  offence  be  complained  of  and. 
profecuted  within  fix  months. 

And  it  is  further  Ordered,  that  upon  all  Diftreffcs  to  be  taken  for  any 
of  the  Rates  and  Affefsmcnts  aforefaid,  the  Officer  fhall  diftiein  Goods 
or  Cattle  if  they  may  be  had,  and  if  no  Goods,  then  Lands  or  Houfes,  if 
neither  Goods  nor  Lands  can  be  had  within  the  Town  where  furh  Diltrefs 
is  to  be  taken,  then  to  Attach  the  body  of  fuch  perfons  to  be  carried  to 
Prifon,  there  to  be  kept  till  the  next  Court  of  th.u  Shire,  except  they  put 
in  fccurity  for  their  appcirance  thcie,  or  that  payment  be  made  in  the' 
mean  time. 

And  It  is  Ordered,  that  the  prizes  of  oil  forts  of  Corn,  to  be  received 
upon  any  Rate  bv  virtue  of  rh'-s  Ordet  thall  be  fuch  as  this  Coiiit  ftall 

fc-t 


Char£es  fubUd^ 


25 


fct  from  year  to  year,  and  in  want  thereof  at  price  currant,  to  be  judged 
by  the  Comtntflioncrs  of  f/fx,  fJI4:ddk(ex  and  Suffolk^ 

And  It  is  further  Ordered,  that  no  Eftate  of  Land  in  England^  (hall  be 
Rated  in  any  publick  Affefsment  j  And  it  is  hereby  Declared,  that  by 
pubhck  AiTclsment  aPd  Rates,  js  intended  only  fuch  as  are  Aifeffed  by 
Order  of  the  General  Court  for  the  Countries  occafion  and  no  other, 
[  ,646.  47-,S'->S7.2 

4.  It  is  Ordered,  that  every  Conftable  within  this  Jurisdi(ftion,  fhall  on 
the  penalty  oi  f-V£  founds:,  Hear  tip  all  their  Accounts  with  the  Treafurer, 
for  the  Rates  of  their  fevcrrJ  Towns,  by  the  firft  of  May  yearly,  and 
they  and  every  of  them  are  impowred  to  prcfs  boai<  or  carts,  for  the  bet- 
ter and  more  fpeedy  fending  in  their  Rates,  according  to  the  time  appointed. 
And  if  any  CoiiH-able  fnall  not  have  Colie<fl:cd  the  Rates  and  Aflefs- 
ments,  committed  to  his  charge  by  the  Treafurer,  during  the  time  of  his 
Office,  that  he  (hall,  notwitWlanding  the  expiration  of  his  Office  have  power 
TO  Levy  by  diftrefs>,a!l  fuch  Rates  and  Levies  j  and  tf  he  bring  them  net 
in  to  the  Treafurer  acording  to  his  warrant,  the  Treafurer  (hall  dHtreyn 
fuch  Conftables  goods  for  the  fame. 

And  ii  the  Treafurer  fhall  not  To  diftreyn  the  ConfVable ,  he  (hall  be 
anfwerable  to  the  Country  for  the  fame:  And  if  the  Conftable  be  not  able 
to  make  payment,  it  fhall  be  lawfull  for  the  Treafurer  to  diftreyn  for  all 
arrearages  of  rates  and  leavyes,  any  man  or  men  of  that  Town  where  the 
Conftables  are  unable,  and  that  man  or  men  upon  petition  to  the  General 
Court,  fhall  have  OrdcT  to  Colkift  the  fame  again  eoualiy  of  the  Town  , 
with  his  jult  damages  for  the  fame.  [^1640.  j^l 

RATING    BTRANGERV. 

THis  Conn  undcrflandin^  that  feveral  Gcntlcmt-j  Muchants  ftranmi 
in  the  heg'imiytg  of  every  yevr^  fnquently  comming  mto  thefe  farti  ' 
and  hr'mgmg  gr:at  Jtore  of  Engiijh  and  oiher  goods  of  all  forts  to  great  value  \ 
and  ufually  tna^'ig  up  their  markets  to  then  great   advantcQc  before   the 
Sixth  Month,  U'hen  the  Rates,  or  Order  for  the  Collecting  of  them  by  Law 
is  to  iffue  out,  { not  without  a  confiderabk  dtfadvantage  to  the  Merchants  and 
Shop-keepers,  Rcfidents  and  Inhabitants  of  this  Colony,  who  have  born  theU^t 
of  the  day,  and  are  fain  to  be  at  all  the  charge  for  fupporting  of  ihe  Govern- 
ment) and  the  faid  Merchants  fir  angers  takemg  the  chief  of  the  benefit  of  the 
Vrade,  and  make  their  cfcap^s  without  any  payment  to  fupport  the  Govern- 
ment of  this  place,  tinder,  atd  by  which  they  reap  fo  great  advantage  tj 
themfdves:         It  is  therefore  Ordered,  that  it  fhall  be  henceforth  lawful! 
for  the  Sele<ft  men  of  each  Town,  where  fuch  Strangers  are,  or  (hall  be 
to  afTefs  all  fuch  Srrangets,  according  to  die  Cargo's   they  (hall  bring  into 
tills  Country :  Or  m  cafe  of  their  refufall,  to  give  a  true  Account  ot  their 
Effate  to  the  Sdcamcn  ■  riien  the  faid  Select  -  men  (hall,  and  hereby  are 
:tTipowrcd  to  make  their  AiTefsmcnt  on  all  fuch  Strangers  in  any  Moneth 
u    j^^*'^'"'  y^'^'l'y'  '"  proportion  to  a  fingle  Rate  by  %yill  and  doom    as 
the  Inhabitants  of  this  Country  areufedto  be  rated  i  andfor  non-paymenr 
t>y  the  Conftables  to  Levy  their  faid  AfTefTments,    as  in  other  c^fcs     bv 
Warrant  from  the  faid  Sclca-men.   [/<$<?/ J  '     ' 


tf/it)  in  tng- 
hnc  ftaie  fttt 


J.jS.T.ii 

Conlsbrcs  jn 
clear  rhcir  AC- 
covnis  with  thp 
"TmCKiTtr  hy  ih« 
firflof  M?y. 

L.I.  P. 415. 


ConffthXe  idct 
the  tvpirjt'ioa 
of  Ms     Offirc 
h:5i'i  ppwet  Lq 
CollcaRatfS- 

Tre't'urcr  >t>;7 
diftrcin  Ihc  Coo 
nablecr^^y  o- 
tha  lobabit^ni 


Order  for  A£- 
Trfsircnlson 


IO  R  the  preventing  of  differences  anfing  between  the  Treafurer  of  the  Cnuntr^    -W"^'!'^^ 
and  the  Conjlablcs  of  the  Townes'm  CoMtmg  and  rLvmg  ZclZ?y    -  ^^^e^n! 


z6  Children  and  Tomb. 

J?iTre,  ana  of  freai  dr>mage  thereby  ha'?]/smng  to  the  Ccuntry^ 

h  IS  Ordered  by  rhis  Court,  that  where  any  pay  is  tert'trcd,  the  price 
whereof  is  not  determined  by  this  Court,  the  place  of  Appnfemeot  fliail 
be  where  the  payment  is  tetsdered  to  the  Ticafurer.  or  his  Order  by  mea 
inditTerentlyj  chofen,  as  the  Law  direds.  1^166?.'^ 

IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  henaforrh 

•■   the  ij^fnijiers  of  Gods  Word,  regularly  Ordained  over  any  Chujch  of 

Miniftrnof    Chrift,  Orderly  gathered  and  Conrtitiitcd  •  ftir*'.  be  freed  from  ail  Rarss 

&o<)i«t>rdRate  for  the  Country,  County  ahd  Church,  and  tor  the  Town  alfo,  except 

'^'  where  by  fpecialContradl  with  the  Town  they  have  confcntcd  thereunto  ; 

Provided  this  freedome  fhall  extend  onely  to  fuch  eftatc  as  ;s  their  own 

proper  dlates,  and  under  their  own  Cultody  and  iniprovauent,   j^/O//.^ 


Children  and  Touth. 


Forasmuch  as  the  ?ood  Education  of  Children  is  of  Singular  behcofe  and, 
benefit  to  any  Common-wealth,  and  whercm  many  Parents  and  Aiafiers 
are  too  indulgent  and  negli£ent  of  their  duty  in  that  i^Wj 
SuUftmsn^fsrc      It  is  Ordered,  that  the  Seleft  men  of  every  Town,  in  the  feveral  Prc- 
'^''v^be'^'^t'augbt  cinds  and  quarters  where  they  dv/ell,  fhall  have  a  vigilant  eye  over  ihcif 
loReade.         brethren  and  neighbours,  to  fee,  Firft  that  none  of  them   fhall  fuffcr  fo 
much  Barbarifm  in  any  of  their  families,  as  not  to  endeavour  to  teach,  by 
themfelvcs  or  othcis,  their  Children  and  Apprentices,  fo  much  learning,  S3 
may  enable  them  perfe<ftly  to  read  theEnglifh  tongue,  and  knowledge  cE 
the  Capital  Lawcs  :  upon  pensihy  oi  twenty  fliillings  for  cachncglcclthtrin^ 
Alio  that  all  Mafters  of  families,  do  once  a  week   (at  the  kaft  ;  Cat> 
chife  their  children  and  fervants  in  the  Grounds  and  Principles  of  Religion, 
Ana  cjtcchijed  jind  if  any  be  unable  to  do  fo  much  ^   that  then  at  the  lead  they  procure 
fuch  children  and  apprentices,  to  learn  feme  ihort  OrthodvJX  Catcchifme 
without  book,  that  they  may  be  able  to  anfwer  unto  the  qucftion*  that 
{hall  be  propounded  to  them  out  of  fuch  Catechifm,  by  ihcir  Parents  or 
mafters,  or  any  of  the  SdcCi  men  when  they  ftiall  call  them  to  a  tryai, 
of  what  they  have  learned  in  that  kind. 

And  farther  that  all  Parents  and  Mafters  do  breed  and  bring  up  their 
chilrcn    and  apprentices  in  fomc  honeft  lavvfull  Calling ,  Labour  or  im 
rbiiifcnrobe  ployiucnt,  either  in  husbandry  or  feme  other  trade,  profitable  for  rhemfelvs 
bfcugiuopin     31,^  the  Common-wealth,  if  they  will  not  or  cannot  train  them  upm  Icam- 
ing,  to  fit  them  for  higher  imployments. 

Aad  if  any  of  the  S cleft  men  •  after  admonition  by  them  given  to  fuch 

Miaftcrs  of  families, fhall  find  them  flill  negligent  of  their  duty  m  the  particulars 

unriilv^cMi^'''"-'!  jforc  mentioned,  whereby  Children  and  fervants  become  rude,  ftubboro, 

^cekcimcD. '      and  unruly:  the  faid  Selcft  men  with  the  help  of  two  Magifttates,  or  the 

next  County  Court  for  that  Shire,  (hall  take  fuch  cf.iidren  or  apprentices 

f)  om  them,  and  place  them  with  fome  Mafters  for  veares,  fooyes  till  they 

come  to  twenty  o«c,  and  girles  eightcer,  yeares  of  age  co!7iple?.t)  which  will 

more  ftricllv  look  unto,  and  force  them  to  fubmit  unto  Govcrrnicnt,  accord 

in*  to  the  rules  of  thi:.  Order,  if  by  fairmeanesandioimc*'  inil.uttioiis  they 

will  not  be  drawn  unto  It.     {,i642.'\  z  For 


Children  and  Youth.  27 


a»    Porasmuih  as  it   appear eth  by  too  much  gjcpcrievce,  f'lff  diuerfe 
Children  and  Servants.,    do  behave  thtmjel-ues  dijebediently  and  difordcrly    f<^fP.6. 
tffwardi  their  Parents,  Maflers  and  Govermurs ,  to  theSflurbance  offoinilies, 
and  difeouragement  of  fuch  Parents  and  Governours;  ^    . 

It  is  Ordered  by  this  Court  and  Aiithorrty  thereof,     That  ll  fhall  be  in   cv.idTnr-.-'ser 
the  Power  of  any  oae  Magiftrate,  by  warrant   diTe<rted  to  \he  Conftible  J''^^J'!i^g!fi^jt 
of  that  Town  where  luch  offender  dwells,  upon  com  plaint,  to  call  before    ^ 
bim  any  fuch  offender,  and  upon  convidion  of  fuch  mi5demeaTior5,to  fen 
fence  him  to  endure  fuch  Corporal  punifhment,  by  vAlpplng  or  otherwife, 
as  in  his  judgment  the  Merit  of  the  fad  (hall  deferve,  not  excecdi  n^  ttn  J^ripf! 
for  one  ofEence,  or  bind  the  offender  to  make  his  appearance  at  the  next 
County  Courts 

And  further  it  is  alfo  Ordered,  that  the  Commlffroners  of  5o/fon, and  nwlr.m.'^'^ 
th^  three  Commiffioners  of  each  Town  where  no  Magifbrate  dwells,  ihall 
have  the  like  Power  ^  Provided  that  the  perlbn  or  pcrfjns  fo  fentenccd, 
(hall  have  liberty  to  make  their  Appeale  to  the  next  County  Court,  111 
any  fuch  cafes. 

J,    3'.  Vpon  Informaticn  of  diverfi  loofe,vain.  and  corrupt  perfnnsj  both  fuch  „ 

as  come  from  Fonain  parts.,  as  a  I ju  feme  others  htrc  inba'bit:>:£   or   repdingy       '^''     ■** 
which  infiuuate  themfdvcs  into  the  fellmpip  of  thfyoun^  pecf.c  of  tht:  Country, 
drawing  them  both  by:night  and  by  day,  from  their  ca/lings.J  fludyes  and  hon- 
efl  occupations,  and  lodgmg  flaces,  to  the  difiionour  of  God,  and  griff  cf  their 
Parents,  Majlcrs,  Tutors,  Guardians  and  Overfeers  &ci 

It  is  Ordered  by  this  Court  and  the  Authority  thereof.   That  whofo- 
ever  fhall  any  waycs  caufc  or  fuller  any  Young  people  or  perfons  what- 
foever,  whether  Children,  fcrvants,  apprentices.  Scholars  belonging  to  the     Pf>rcns  i-T>de- 
Colledg,  or  any  Latine  fchool,  to  fpend  any  of  their  time  or  cftate,  by  ?obreXw»'^n- 
night  or  by  day,  in  his  or  their  Company,  Ship  or  other  vefTell,  Shop  cr  e-^jncommon 
houfe,  whether  Ordinary,  Tavern,  viflualing  houfc,  Cellar  or  other  place    °   "" 
•where  they  have  to  do,  and  fhall  not  from  time  to  time^  difcharge  and 
haftcn  all  fuch  Youths  to  their  fcvcral  imploymcnts  and  places  of  abode  , 
or  lodging    aforefaid ,  if  their  being  in  any  fuch  place  be  known  to  them, 
cr  any  other  fervant  or  help  in  the  family  ,  pr  fupplying  the  place  of  a 
fervant  at  Sea  or  on  land  :  thatithen  fijchpcrfon,  houfnolder,, Shopkeeper, 
iliip-maftcr,  ordinary-keeper,  tavcrnefj  vnflualer,  or  other;  (hall  forfeit  the 
iumm  of  forty  fji/lin^s  upon  legal  conviaion  before  p.ny  Magirtrate,  or  the  fo^n,TiSr' 
Commiffioncrs  Authorized  to  end  fmall  caufes,  one  halfe  to  the  informer 
the  other  halfc  to  the  Country;  and  all  Conflablcs  in  their  fcvcral  Limits 
are  Required  to  ACt  herein  as  is  provided  in  reference  to  the  Law  coa- 
ccrning  Inkeepcrs. 


4  . 

over  their 


Whereas  fundry  Gentlemen  cf  quality,  ana  others,  oft  times  fend 
ir  Childrm  into  this  Country  to  fame  friends  here,  hofemg  (  at  hajl  ) 
thereby  to  prevent  their  Extravagant  and  riotous  caurfes ;  who  notwithfland- 
ing  {by  meanes  of  feme  unadvifcd  or  ill  afeOed  per  fens ,  which  give  them 
credit,  in  expedation  their  friends  either  in  favour  to  them,  or  prtventiorl  of 
blermjh  to  thtmfelves,  mil  difcharge  their  dtbts )  they  are  no  lefs  laviih  and 
ffofufe  here,  to  the  gnat  grief  .of  their  friends,  dt  (honour  of  God.,  rhroach 
of  the  Country ; 

It  is  therefore  Ordered  by  this  Court,  That  if  any  perfon  after  public?.     Dcb^-madcj?, 
tion  hereof,  fhall  any  way  give  credit  to  any  fuch  Youth,  or  other  perfon  P"f°''^  '^'~*"' 
under  oiic' and  twenty  yeares  of  age,  without  order  from    their  friends  abir'"'^" 
here  or  elfe  wheve  under  iheir  hands  in  writing,  they  fhall  Iccfc  their  debt 

f  2  V/h:t 


not ;. ■cover" 


28  ^^trurg!OKS.     Ckrke  of  Writts. 

whe-i:  ever  it  be.  And  further,  if  fuch  Youth  or  perfon  incur  any  pe- 

nalty by  fuch  rneanes,  and  have  not  wherewith  to  pay,  fuch  perfon  or 
fjcrfons  as  arc  occafions  thereof,  fhall  pay  it,  as  the  delinquents  in  the 
ike  cafe  fliould  do.     [  /  (^^/J 

,  .    .  5.  If  any  perfon  fliall  willfuliv  and  unreafonablv  deny  any  Child, 

mrriigi&c^  timely  or  convenient  marriage,  or  ihall  exfcrcife  any  unnatural  feventy 
toward  them  j  fuch  children  fhall  have  liberty  to  complame  to  Authority 
for  redrefs  in  fuch  cafes.     [^1641.2 

6.  No  Orphan,  dureing  their  minority,  which  was  not  committed  toi 
orphsncnotbc  tuition  or  fcrvice  by  their  Parents  in  their  life  time,  fliall  afterwards  be 
t'iUwuta"conrt  abfolutcly  difpofcd  of  by  any,  withont  the  confent  of  fome  Court,  wherin 
two  Affiftants  (at  leatt)  fhall  be  prefent,  except  in  cafe  of  marriage,  in 
which  the  approbation  of  the  major  part  of  the  Selcdl  men  of  that  Town, 
or  any  one  of  the  next  Afhftants  (hall  be  fufficient,  and  the  minority  of 
women  in  cafe  of  marriage,  fhalJ  be  fxteen  ycaics.     \^i^4^-^ 


ChtTurgtom^    Midtrms,^   Phyfiiwi^^ 


L.2.   P.J 


FO.Rasmucb  as  the  Law  of  God  alkrve^  ?jj  man  to  im^mn  the  Life^  cr 
Lmhs  of  any  Fcrfots,  *7Ut  in  a  judicial  way ; 
It  is  theiefore  Ordered,  That  no  perfon  or  perfons  whatfoever,  jmploy- 
cd  at  any  time  about  the  bodyes  of  men,  women  or  children,  for  prcfcr- 
vation  of  life  or  healthy  as  Chirurgions,  Midwives,  Phyfitians  or  others  , 
prefume  to  excercifc,  or  put  forth  any  aft  contrary  to  the  known  approved 
vo  Torfe '-r  v!o-   Rulcs  of  Art,in  each Myftery  and  occupation, nor  excercife  any  force,violence 
in"any'°  ^'wHhl   OJT  cruclty  upoo,  or  towards  the  body  of  any ,  whether  young  or  old,  (no  not 
out  confeiit  scci   in  the  moft  difficult  and  defperalc  cafes  )  without  the  advice  and  confent  of 
fuch  as  arc  skillfull  in  the  fame  Art,  (if  fuch  may  be  hadj  cr  at  lead  of  fome  of 
the  wifeft  and  graveft  then  prefent,  and  conicnt  of  the  patient  or  patients 
if  they  be  mentu  comptcs,  much  lefs  contrary  to  fuch  advice  and  confent ; 
upon  fuch  fevere  punifhnicnt  as  the  nature  of  the  fad  may  deferve,  which 
Law  Ineverthelefs,  is  not  ini.er.ded  to  difcourage  any  from  all  lawfull  ufe 
cf  their  skill,  but  rather  to  incourage  and  dircd  them  in  the  right   ufe 
tfereof ,  and  inhibit  and  rertreii/e  the  prefumptuous  arrogancy  of  fuch  as 
through  pref.dencc  of  their  own  skill,  or  any  other  fir.ifter  refpeif^s,  dare 
boldly  attempt  to  excercife  any  violence  upon  or  towards  the  bodyes  of 
young  or  old,  one  or  other,  to  the  prejudice  or  hazard  of  the  bfe  or  limbe 
of  man,  woman  or  child.    £  1649^ 


Clerke  of  the  Writts. 


,         p         T  T  is  Ordered  by  this  Court  and  Authority  thereof;  Tliat  Ciiotwiihftand. 
1   ing  every  Magiftrate  hath  power  to  graunt  Warrr.nts,  Summons  and 

Attach 


derive  of  Wrilti.        Colkdge 


Atrachments)  in  every  Town  within  this  Jurisdiction,  there  fh all  hcnrp- 
forth  be  a  Gierke  of  the  Wrius,  nominated  by  each  Town,  andi  aHovvrd 
by  each  Shire  Court ;  to  grant  Summons  and  Attachments  in  all  Civil 
Actions;  at  the  liberty  of  the  Plaintiffe,  and  Svmimons  for  Witn«tTcs;  and 
the  faid  Clerks  arc  allowed  to  grant  Replevins,  and  to  take  Bond  with 
fufficient  fccurity  of  the  party  to  prolecute  the  Suite, wholis  Fees  fhail  be, 
for  every  Warrant  two  per.ce^  a  Replevin  or  Attachment  three  pence,  and 
for  a  Bond  four  pence.  And  all  Attachments  are  to  be  directed  to  the 
Conftables,  infuchXownes  where  there  is  no  Marfhal  dwelling.  C'<^>f  0 

It  is  Ordered ,  That  henceforth  the  Gierke  of  the  Writts  fliall  de- 
niaund  of  fuch  as  receive  Attachments  of  them,  three  pence  a  pecce  more 
then  formerly,  in  bchalfe  of  the  Marflial  General,  which  fhal!  be  inliew 
of  that  three  pence  on  Attachments,  by  a  former  Law  he  was  to  rccci\c of 
the  Conftablc  or  County  MarOial ,  and  that  the  ConRablcs  fliall  have  but 
twelve  pence  upon  an  Attachment  as  formerly.    [^i66v] 


C!crKs  ftes. 


Wirrancs    di. 
r.-ficd  to  ihe 
ConftjbJe. 


Cltrk  oFihe 
Wt'lls  to  Rcf- 
ponrt  iht  Ma''- 
Hj'.Is  f«5  of  ;5  d 
AUlC^•rlnC. 


COLljEDoe, 


WHercli  through  the  good  h.ind  of  God  upon  us ,  there-  h  a  ColleJce 
founded  in  Cambridge  in  the  County  of  Middlcfex,  Galled  HurvarJ, 
Colledge ;  for  the  incoura^ement  xfhercof,  this  Courr  hath  given  the  Sunim 
of  four  hundred  pounds,  and  alfo  the  Revenue  of  the  Ferry  bewixc  Charles- 
town  a}id  Bofton ;  and  that  the  well  Ordcfinj^  and  mafina^mg  of  the  ^^id 
Col/edge  is  of  great  concernment ; 

It  is  therefore  Ordered  by  this  Court  and  the  Autharity  tliereof,  Thst 
the  Governour,  and  Deputy  Governour  for  the  time  heiiVg,  and  all  the 
Magiftrates  of  this  Jurisdi(aion,  together  with  the  teaching  Elders  of  the 
fix  next  adjoyning  Townes,  viv.  Camhridge,  W/itcrtcn-ne,  Chnrlej-totvne  , 
Boflon,  Koxbury  and  T>orcbcfler^  and  the  Trcfidmt  of  the  faid  Colledgc 
for  the  time  being,  fliall  from  time  to  time  have  full  Power  and  Authori- 
ty to  make  and  clkulifh  all  fuch  Orders,  Statutes  and  Conftitutions,  as 
they  fhall  fee  neceffary  for  the  Jnftituting,  Guiding  and  furthcrmg  of  the 
faid  Colledee,  and  fcvcral  members  thereof,  from  time  to  time,  in  Piaty^ 
Morallity  and  Learning,  and  alfo  to  difpofc,  order  andmannage  to  rheuJe 
and-bchoofc|of  the- faid  CoUedge  and  members  thereof,  all  Gifts,  Legacies, 
Bequeaths,  Revenues,  Lands  and  Donations,  as  cither  have  been,  are,  or 
fhall  be  Conferred,  Beftowed,  or  any  waycs  (hall  falljOr  come  to  the  faid  Col- 
ledge.  And  whereas  it  may  come  to  pafs,  that  many  of  the  faid  Magiflrates 
and  faid  Elders  may  be  abfcnt,  or  oiherwife  imployed  about  other  weighty 
Affaires  ,  when  the  faid  Colledge  may  need  tlieir  prefent  Help  and 
Counfell,  It  is  therefore  Ordered,  that  the  greater  number  ofMagirt-'ates 
and  Elders,  which  fliall  be  prefent  with  the  Prcfident,  fhall  have  ths  Power 
of  the  whole ;  Provided  that  if  any  Conftitution,  Order  or  Orders  by  ihcm 
made,  fhall  be  found  hurtfuli  unto  the  faid  Colledge,  or  the  members 
thereof,  or  to. the  Wcal-publick,  then  upon  Appeal  of  the  Party  or  Parties 
grieved,  unto  the  company  of  Overfcers  firft  mentioned,  they  ("hoJl  Re- 
peal the  faid  Order  or  Orders  Oi  they  (hall  f;;e  caufe^  at  their  next  meeting, 

F  J  or 


CommirnonCfff- 
all)  Ficff.-cs  of 
the  Colledge. 

To  tn3!ic  Orias 


^fC.^rl5 


Diffore 


3  o  CoKde}v.iKdy 


or  ftand  accountable  thereof  tc  the  next  General  Court.  [_t6^6.  40.  42.^ 

2.  whereas  tvf  cannot  but  acknowledge  the  ^rcat  gocdnes  of  God  towards 
S.J 4.  F.2.  ys  People  in  this  Wildernefs.,  in  rayfmg  Mp  Schooks-of  Learning-.,  and  efpeci- 
Ally  the  Collcdge,  from  mhcnce  there  hath  Jprung  many  Injiruments.,  both  in 
Church  and  Common-wealth.,  both  to  this  and  other  places :  .Ard  nhcreas  atr 
preftnt  the  ivorl;  of  the  Coilcdge  hath  been  feveral  wayes  ohfln:ilcd.,andfeems 
yet  aljo  at  prcfcnt,  for  want  of  comfort  able  maintenance.,  for  the  inccuragC' 
mcnt  of  a  Prefdent :  This  Couit  tnkeing  the  fame  into  their  ferious  con- 
fderatwn,  and  finding  that  though  many  frofofitions  have  been  made  for  a 
voluntary  Contribution.^  yet  nothing  hath  hitherto  been  obtained  from  feverall 
ferfotts  and  Townes.,  although  f-mc  have  done  very  liberally  and  freely .,  and 
fearing  leofl  vae  fnculd  flmv  cur  felres  ungraiefuH  to  God,  or  unfo.iihfull  to 
pjlerny,  if  fo  good  a  Seminary  of  Knowledge  and  Firtue  Jhould  fall  to  the 
ground  through  any  ncgUB  of  curs ; 

It  is  therefore  Ordered  by  this  Court  and  the  A iithorify  thereof.  That 

fbefidcs  the  Profit  of  the  Ferry  formerly  granted  to  the  Collcdge,  which 

fhalJ    be  continued  )    there  ihall  be  yearly  Lcvyed  by  Addition  to  the 

pounds  given  by    Countty  Rotc    cwf  hundred  pcmnds",  to  be  payd  by  the  Trcafiircr  of  the 

t'lTc'y°r'^    Country  to  the  CoIJedge  Treafiircr,  for  the  "bchoofe  and  maintenancof  the 

feijows.  Prefident  and  Fellovvs,  to  be  difiributcd  between  the  Prefident  and  Fellows 

according  to  the  cetcimination  of  the  Overfeers  of  the  Collcdge,  and  this 

to  continue,  dureing  the  pleafore  of  the  Country. 

And  it  is  hereby  Ordered,  That  no  manfhall  Hand  engaged  to  pay  Ii;s 
voluntaiy  Contribution,  that  he  hath  under-Written,  by  virtneof  this  Couits 
propofitions,  and  that  fuch  peifons  as  have  allready  done  voluntarily,  fhail 
be  confidered  for  the  fame  in  the  Country  Rate,  fuch  a  proportion  as  this 
addition  of  one  hundred  pounds  doth  adde  to  the  Rate,  to  be  allowed  by 
theCQnAabIetoeachperion,andby theTreafurer  to  thcConftable.  {_i6jp'] 


CONDEMNED. 


IT  is  Ordered  by  this  Court;    That  no  man  Condemned  to  dye.  ^ba'f 
r-oncwDc  ^«.-  be  put  to  Death  within  four  dayes  next  alter  his  condemnation,  unles 

cutcdwiihi.M      j[^g  Court  fee  fpecial  caufe  to  the  contrary,  or  in  cafe  of  Marflial  Law. 
dcmnaUon. '    '   rior  fliall  the  Body  of  any  man  fo  put  to  death,  be  unburied  tnehe  houres, 
vnlefs  it  be  in  cafe  of  Anotomis.     \_1641'} 

It  is  Ordered  by  this  Court  and  the  Authority  thereof.  That  the  Secretary 
for  the  time  being,  fhall  from  time  to  time, Signe  zWlVarmnts  for  the  ex- 
rJ.m"[oifxccuVi   ecution  of  petfons  fentenccd  to  Death,  cither  in  the  Genera!  Court  or  Court 
»"•  of  A(T)(lants :  and  that  the  Spfrctciij  or  C.'fiJ:^?  of  eveiy  Court  fhall  figne  War- 

rants  for  executions  in  all  other  judgements  of  Courts  Civil  or  Criminal 
any  CiiAome  or  ufage  to  the  contrary  notwitbftanding.      {disss'} 


Condahles', 


31 


CONSTABLSS. 

IT  is  Ordered  by  this  Cou>-   and  Authority  thereof,   That  ihe  ContUble  p^nfj^ticto 

fhall  Whip,  or  Funifli  any  to  be  puniftedby  Order  of  Authority  (v/herc  „(„p. 
f here  is  not  another  Officer  apointed  to  do  it)  in  their  own  Towncs,  unlcfs  they 

can  get  another  to  do  it^      Alfo  every  Conftabic  is  Impowered  and  here-  yi.rs-P-'^ 

by  Enjoyned,  faithfully  to  Colledl  fuch  Rates  and  AlTefsments  as  (hall  from  Tocjiicfttowfj 

time  to  time  be  committed  unto  them,  by  the  Scleft  men  of  the  feveral  R»''- 
Towns, provided  it  be  by  Warrant  under  theit  hand, 


7,.  It  is  further  Ordered  j  That  any  and  every  Perlbn  tendered  to  any 
Conftabic  of  this  jurisdiflion,  by  any  Conftable  or  other  Ofncer,  of  our 
owne,  or  belonging  to  any  Forrainc  jurisdiction  in  this  Country ,  or  by 
Warrant  from  any  fuch  Authority  j  Ihall  be  prefently  received  and  con- 
veyed forthwith  from  Conftable  to  Conftabic,  till  they  be  brought  to  the 
place  to  which  they  arc  fent,  or  before  fome  Magiftratc  of  this  jurisdi(^i- 
cii,  who  fliali  difpofe  of  them  as  the  jufticc  of  the  caufc  inall  require. 

And  all  Hues  dr  crycs  fhall  be  duely  received  and  diligently  purfued  to 
full  c?k€^\  And  where  no  Magiinate  is  ncer,  every  Conftabic  fliallhave 
full  pci.vcr  to  make,  fignc;  and  put  forth,  purfuites  or  Huts  &  cryes,  after 
Mt.ycUic;-s^  ManflayerSj  Peace-breakers^  Thecves^  Robbers,  Hurglartrs,  and 
other  Cipjial  offenders,  as  alfo  to  Apprehend  without  warrant,  fuch  as  are 
overtaken  with  Drinkc,  Swearing  ,  Sabbatb-breaki>ii ,  Lying  ,  flagrant 
prfons  j  Night'Walksrs  ^  Provided  they  be  taken  in  the  manner,  cirher  by 
the  fight  of  the  Conftable,  or.byprcfcnt  information  from  others. 

As  alfo  to  make  fcarch  for  all  fuch  perfons ,  cither  on  the  Sabbath  day 
or  other,  when  there  fhall  be  occafion,  in  all  houfes  Licenfcd  to  fell  either 
Beer  or  Wine,  or  in  any  other  fufpcdcd  or  difordercd  places,  and  tliolc  to 
Apprehend  and  keep  in  fafc  cuftody,  till  opportuinity  lerve  to  bring  them 
before  one  of  the  next  Magiftrates,  to  further  examination ;  Provided 
v/hen  any  Conftabic  is  imployed  by  any  of  the 'Magiftrates,  for  Appre- 
hending of  any  perfon,  he  (h^W  not  do  it  v/ithout  Warrant  in  writing^^ 

And  if  any  perfon  (lull  refufe  to  atfift  any  Conftciblc,  in  the  execution 
of  his  Office,  in  any  of  the  things  afore  mentioned,  being  by  hirh  required 
thereto,  they  fhall  pay  for  neglect  thereof  ten  Jhi/lings,  to  the  ufe  of  the 
Countn',  to  be  levycd  by  ^^''arrant  from  any  Magiftratc,  before  whom  any 
fuch  offender  lliall  be  brought ,  and  if  it  appear  by  good  teftimony ,  that 
any  fhall  willfully,  obftinattly,  or  contemptuoii/ly  rcTufe  cr  ncg!c(ft  to  af- 
fift  any  Conftabic  as  is  before  exprefied,  he  fhall  pay  to  the  ufe  of  the 
Country  forty  fiiillmgs. 

And  that  no  man  may  plead  ignorance  for  fucb  neg'.e^  or  refufall\ 

It  is  Ordered,  that  every  Conftable  lliall  have  a  BLick^  fiajf^ax  fixcioot 
long,  Tipped  at  the  upper  end  cbcut  ^f^  inches  with  brafs,  as  a  Badge  of 
his  Office,  which  he  (hall  take  with  him  when  he  gocth  to  difchargc  any  pari 
of  his  Office  i  vvliichftaff  fnallbc  provided  at  the  charge  of  the  Town,  and 
if  any  Magiftratc,  Conftabic,  or  any  other  upon  urgent  occafion,  (hall  re- 
fufe to  do  their  bcft  endeavour,  in  rayfing  and  profcciiting  Hues  iy  cryes^ 
by  foot,  and  if  need  be  by  horfe,  after  fucH  as  have  committed  Capital 
Crimes,  they  (hail  forfeit  for  every  fuch  offence  to  the  ufe  aforclaid 
fij'.irty  (l}t/iings.     [_/646.] 

For  tfie  Regulating  and  fettlin?  the  charge  f>f  prnfecutionof  Hues  &  crrcs. 
It  js  Ordered,  that  what  (hall  At'fe  by  occalion  of  cfcapc  from  tie  Countrvs 

Frifon 


ID  convty Of- 


HOC)  ftcrvfs  to 

be  puiTucd. 

To  be  pot  forth 
by  the  Conftiblc 

Offcn-l.'ri  to  be 


All  to:vllinib>» 
Conftiblson  Pf- 
ni1>/of  10.  U, 


WilirwHsT.Uft 


Conftible  Stiff. 


Nor  ravfmg  V-!e 
and  tries  >o  Ca- 
pilsl  cifn  tort'. 


32  Conveyances. 


prifon,  or  flight  from  Authority  to  avoyd  the  fame,  (hall  be  payd  by  the 
Trenjitrer  of  the  Countin/^  and  fuch  as  AiiTe  by  -flying  fom  any  of  our 
County  prifons,  or  to  c  cape  any  of  them,  fhall  be  defrayed  by  the  Tnct' 
anrcncf.""''  Z^*'^*'  "/  f'-*"^  County  where  the  occafion  did  arife.  And  fuch  perfons  as 
procure  Hues  &  cryes  upon  their  own  particular  occafions,  iTiall  bear  all 
the  charge  arifing  therefrom  j  provided  due  accompts  be  made  by  fuch  as 
demand  pay.     {_i66o.'} 


Conveyances  ,  lyeeds  and  Writings, 


A.J*'  P.//.  C"^-^  *^^'f  prcventicn  cf  Clnndejljne  end  unccrta'tm  Sales  and  Titles^ 

XT  It  is  Ordered  and  Declared  by  this  Court,  That  henceforth  no  Sale 
or  Alienation  of  Houfes  and  Lands,  within  this  Jurisdiiflion,  fhallbe  holdca 
good  in  Law,  except  the  fame  be  done  by  Deed  in  writing,  under  hand 
v°m'^llovi  ^""^  ^^^''  ^""^  Delivered,  and  Poffeflijon  given  nponpart  in  the  name  of  the 
Ceta  sees  whole,  by  the  Seller  or  his  Atiurney,  fo  Authorized  under  hand  and  Seal  j 
rnlefs  the  faid  Deed  be  acknowledged  and  Recorded  according  to  Law. 

k.si,r.2.}  2_  Whereas  the  unskilfn/!ncs  of  [ome ,  that  make  Deeds  and  Ccnreyatu 

ces  of  Houfs  and  Land.,  the  word  Hcire  is  oftentimes  Omitted,  v/oen  es  an 
£fiate  of  hbriitan'.e  iS  intended  to  be-  pr-jfcd  by  the  Parties-  whereupon 
^ufjlicns  and  Suites  at  Law  are  apt  to  ari^e :  For  the  prevention  whereof 
for  time  to  come ;      This  Court  Ordercth  ; 

That  all  Deeds  and  Conveyances  of  Houfes  and  Lands  in  this  Jurisdicti- 
on, wherein  an  Eftate  of  Inheritance  is  to  be  Pafled,  it  fhall  be  exprc^Ted 
in  thefe  words,  or  to  the  like  cfTecfi:  j  viz..  To  Have  and  to  Hold,  the  faid 
Houfc  or  Lands  refpeOively,  to  the  Pattie  or  Grantee,  his  Heires  and 
HowDcerls  ond  Affigncs  for  ever  ^  or  if  it  be  an  Eftate  entaylcd,  then  to  Have  and  to  Hold 
fo°bemjde""*  &c:  to  the  Pattie  or  Grantee,  and  to  the  Heires  of  his  body  Lawfully  be- 
gotten, or  to  the  Heires  Male  of  his  body  Lawfully  begotten,  between  him 
and  fach  an  one  hisv.ifc,  or  to  Have  and  to  Hold  to  the  Grantee  for  tcrme 
of  life,  or  for  fo  many  ycares  j  Provided  this  Lav/  fhall  not  include  fol:- 
mer  Deeds  and  Conveyances,  but  leave  them  in  the  fame  condition,  as 
they  were  or  (hall  be  in  before  this  Law  takes  effeft,  which  (hall  be  at 
the  laft  of  Ofloher  one  thoufand,  fix  hundred,  and  fifty  one,  Provided  alfo 
that  this  Law  fliall  not  extend  to  Houfes  or  Lands  given  by  Will  or  Tefta- 
ment,  or  to  any  Land  granted,  or  to  be  granted  by  the  Inhabitants  of  a 
Towne.    [  i^j'-^ 

_  .  3.  It  is  Ordered,  That  no  Conveyance,  Deed  or  Promife  whatfoever, 

'     fhall  be  of  Validity,  if  it  be  obtained  by  illegal  Violence,  Imprifonment, 
DfHts  obtzintd    Thrcatning,  or  any  kind  of  Forcible  compulfion,  called  "Durcs.  [[  1641.'] 
by  force  inY.-iiii  f^^^  ^\\  Covenous  or  Fraudulent  Alienations  or  Conveyances  of  Lands, 

Tenements,  or  any  Hereditaments,  fhall  be  of  no  force  or  vaUdity, to Dc- 
Dccds"inv3))id.    fcate  any  man  from  his  due  Debts  or  Legacies,  or  from  any  jufi  Title, 

claime  or  polTcflion,  of  that  which  is  fo  Fraudulently  conveyed. 

^.   eyelid  for  the  avoydin^  all  Fraudulent  Conveyances ,  and  that  every 

man 


Council  3  3 

man  may  ^novf  what  £jiateorhtere/l,  ether  mtn  may  have  in  any  Hcujes^ 
Lands  or  other  Hereatament,  they  are  to  deak  Iny 

It  is  Ordered  by  the  Avthonty  of  this  Court,  That  after  the  end  of     sji.-!«oUcac- 
Odober,  one  Thoiifand,  fix  hundred  and  forty,  ro  Mortgage,  Bargain,  Sr.le,  urio/icdj.*}  tr;d 
or  Grant  made,  of  any  Houfes,  Lands,  Renti  or  other  Hereeluamcnls  ,  Recorded 
where  the  Granter  remaines  in  PoirefTion,  fhal!  be  of  any  Force  agamit 
other  perfons,  except  the  Gra n.ter  and  his  Htires,  unlefs  the  fame  'be  ac- 
knowledged before  feme  Magiilrate,  and  Recorded,  as  is  hereafter  cxprcf- 
fed:     And  that  no  fuch  Bargain,  Sale  or  Grant  already  rnade    in  w^y  of 
Mortgage^  where  the  Granter  remains  in  poiTeflion ,  (hail  be  of  Force  a- 
gainft  othcr^  but  the  Grantor  or  his  heircs,  except  the  faniefljall  be  entred 
as  is  hereafter  exprcfied  within  one  Month  after  the  date  before  meiuion- 
cd,  if  the  party  bewithinthisjiirisdidion,  or  clfewcrc,  within  ihrecMonths 
after  he  (hall  return  ^  And  if  any  fuch  Granter  being  required  by  the  Gran-     ■?a"j  rtr.R^g 
tec  his  Heircs  or  Affignes,  to  make  an  Acknowledgment  of  any  Grants,  VsteeTv.'b'/*^ 
Sale,  Bargain  or  Mortgage  by  him  made,  fhall  rcfufe  fo  to  do,  it  (hall  bt  imfrifooed 
in  the  Power  of  any  Magiftrate  to  fend  foi  the  partie  fo  refufing,  and  comittu 
him  to  prifon  without  Baile  or  Mainpfife,until  he  fhall  acknowledge  the  f;inie, 
and  the   Grantee  is  to  enter  his  Caution  with  the  Recorder  of  the  County  ^;„  ,„,  ^  ,  , 
Court,  and  this  fliall  fave  his  Intcreft  in  the  mean  timcj    [And  if  it  be  hisCauiior.. 
Doubtful!  whether  it  be  the  Deed  and  Grant  of  the  party ,    he  fhail  be 
bound  with  Sureties  to  the  next  Court  of  Afiiftants,  and  the.  Caution  fhall 
temaine  good  as  aforcfaid. 

^nd  for  the  Recording  of  all  fuch  Grants,  Sales,  Afoyteages; 
It  is  Ordered,  that  the  Clcvke  of  every  Shrrc  Court  fliali  Knter  all  fuch 
Grants,  Sales,  Bargains,  Mortgages  of  Houfes,  Lands,  Rents  and  Hcrcdi-  c.>^lt'io\nu!-'" 
taments  as  aforefaid,  together  with  the  names  of  the  Granter  and  Grantee    '^''^<^- 
Thing  andE/late  granted,  together  with  tl-ie  Date  thereof.  {_i64/,  42S 


C  O  V  IT  C  I  L. 

TmS  Couri  conjidering  hovf  the  Kitgbiy  ^faires  of  this  Junsdiflm  y 
^x•bether  they  Concern  this  peculiarly,  cr  have  Reference  to  the  reflcfour 
Confederated  Colonies,  may  he  duelyandffieedily  Tranfadcd,  m  the  yacancy 
cfthe  General  Court,  for  the  fhtisfaUmi  of  tik  Commiffwners,  inreffea  of 
the  weighty  and  fuddain  cccafws  which  may  be  then  in  hand- 

Doth  hereby  E^.-prefs  and  Declare,  that  the  General  Court cught  to  be  ^STu^TJ" 
c-alled  by  the  Goveinour,  when  the  importancyof  the  bufines  doth  reciuirc  ""''• 
K,  and  that  time  and  opportunity  will  fafely  admit  the  fame ;    and  that 
all  otherneceffary  matters  are  to  be  Ordered  and  difpatched  by  theMqioc 
patt  of  the  Coucil  of  the  Common-wealth  :     And   therefore  to  that  end 
Letters  figmf^ing  brcifly  the  bufines,  and  the  time  and  place  of  meeting  foe 
Confultation  ougiit  to  be  fcnt  unto  the  Affiftants. 

Alfo  it  is  hereby  Declared,    thit  Seven  of  the  faid  Affiftants  meeting,    „„.„,„ 
the  Governour  or  Deputy  Governour  being  one,    is  a  fuff.c.cnt  Alfc-niblv  a"""*^"^  "'^ 
to  ACt   by  Impr.iTing  of  Souldicrs  or  otherwife  as  need  fhalf  be ,    and  in 
caie  ot  cxtream  and  urgent  neceffity,  when  endeavours  are  reainablv  ufed 
W  caU  toseihcf  the  Afliitants,  and  the  biiL-.cs  will  not  aJniii  delay/  then 

^  the 


34 


Their  pOv\eT. 


CounjiL-        Courts- 


the  hC\s  of  fo  many  as  do  AlTemble,  are  to  be  accounted  and  are  account- 
ed Vallid  and  fufficient:  Alfo  it  is  mtended,  that  tfie.  General  words  a- 
fore  mentioned,  conlaine  in  them  Pov/Pr  to  Jmprcfs  and  fend  forth  Soul- 
diars,  and  all  manner  of  Viauals  VeTfeis  at  Sea,  Carriages  and  all  other  ne- 
CtfTariesj  and. to  fend  rrarraw^jtothcTreafuiertopayfor  theiame.  [/^^i] 


L.3. 


P.I' 


None  <o  t^\e 
CoirtftI  "f  ft''' 
gif^ro't  or  Cani- 
mif/iT  Civil  a&- 


COVNSEL.        AVFICE, 

IT  is  Ordered  by  this  Court;  That.it  fhall  not  be  Lawful!  for  any 
perfon  to  aske  Counfel  or  Advice  of  any  Magiftrate,  or  Conimiffionec 
in  1  ownes,  m  any  Cafe  wherein  afterwards  he  fhall  or  may  be  PlaintifFe, 
before  fuch  Magiftrate  or  Commiflioncr,  under  penalty  ofbeing  difinabled 
to  prolecirte  any  fuch  AcTtion,  (  that  he  hath  fo  propoundetl  or  taken  ad- 
vice as  aforefaidj^at  the  next  Court  where  the  cafe  fliall  come  to  Tryal, 
being  pleaded  by  v/ay  of  Barr,  either  by  the  Defendant  or  an^  on  his 
behalfe ;  in  which  Cafe  the  Plaintiffe  iliall  pay  full  Cofts  to  the  Defendant, 
and  if  the  Defendant  ask  Coufel  or  Adv;ce  as  aforefaid,  he  (hall  forfeit 
ieit  ptUin^s  for  every  fuch  offence  tc  the  Plaintiffe. 


c  o  V  R  r 


L2..?.to, 


Ccncrjl  Court 
iho  Cliof  power- 


L.2.T.24- 


Df  pttyr«  Ottf), 


apa»< 


T  is  hereby  Declared,  That  the  General  Court  confi/ling  of  Magifirates 
and  Deputies,  is  the  chief  Civil  Power  of  this  Common-wealth  j  which 
cnely  hath  Power  to  Rail'c  Money  and  Taxes  upon  the  whole  Country, 
and  difpofe  of  Lands,  viz..  to  Give  and  Confirme  Proprieties,  appertaining 
to  and  imniediateiy  derived  from  the  Country;  and  may  Ad  in  ail  affaires 
of  this  Commonwealth  according  fo  fuch  Power,  both  in  matters  of  Coun- 
fel, makeing  of  Lawes,  and  matters  of  judicature^by  Impeaching  and  Sen- 
tencing any  perfon  or  perfotis  according  to  Law ,  and  by  receiving  and 
hearing  any  Complaints  orderly  prefented  againfl  any  perfon  or  Court-^ 

And  it  is  Agreed,  that  this  Court  will  not  proceed  to  Judgement  in  any 
Canfe,  Civil  or  Criminal,  before  the  .Deputyes  have  taken  this  Oaih  fol 
lowing.     [_t^3^  4 't  44-2 

I  "Doe  Svpe'sr  hy  the  mojl  great  and  dreadfull  Name  cf  the  EverlivingCoi, 
that  in  all  Cafes  rvherein  1  am  to  deliver  my  f^ote  or  Sentence.,  a^aittfi 
avy  Criminal  Ofence^or' beineen  Parties  m  atty  Cml  rafe-^  I  mil  dcale  up- 
rightly and  juply^  according  to  my  judgement  and  coyifcienoe ;  Jind  I  wfU 
M  cording  to  my  skill  and  ability,  Jljfifi  m  all  other  PiMck  ajj'anes  ^  thtt 
Court,  Faithfully  and  Trudy ,  accordmg  to  the  Duty  of  try  $lace,  vpben  I 
fhall  befrrfent  to  attend  the  Jervice. 

2.  forasmuch  as  flfter  long  Experience,  diverfe  inco.tvcuisnccs  are  found 
in  the  rnanner  of  preeeedwg  in  this  Court,  by  Magtfiratts  and  Deputies  fa- 
ting together:  It  is  therefore  Ordered  by  this  Court  and  Authority 
thereof.  That  henceforth  the  Magiftraccs  fitt  apart,  and  Ad  all  bufincfs 
belonging  to  this  Court,  by  thcmfclvcsi  by  drawing  up  Bills  and  Orders, 

as 


Cmrts.  33 

as  they  fhall  fee  good  in  ilieir  wifedom,  which  haveing  agreed  upon, they 
may  picfcnt  to  tiic  Deputies  to  be  confidered ,  and  accordingly  to  give 
their  Confent  or  Dificnt:  The  Deputies  in  like  manner  fitting  by  them- 
felvcs,  and  confulting  about  fiich  Orders  and  Laws,  as  they  in  their  dif' 
cretion  and  experience  iliall  finde  meet  for  the  Cominon  good ;  which  a- 
grccd  on  by  them,  they  may  prcfent  to  the  Magiftrates,  who  haveing 
ccnfidcred  thereof,  may  manifeft.  their  Confent  or  DifTent  thereto; 

And  no  Law,.  Order  or  Sentence  fhall  pafs,  or  be  accotrrrted  an  A(ft  of  L.i.    P. Se- 
this Court,  without  confent  of  the  greater  part  of  the  Magiftrnt^s  on   the 
one  party,  and  the  greater  number  of  Deputies  on  the  other  party ;  But 
all  Orders  and  Ccnclufions  that  have  pafied  by  Approbation  of  Magifl  rates 
and  Dcputycs  as  aforcfaid,  fhall  be  accounted  Ai^s  of  this  CoUr',-  and   ac-  wWhourflhr/ri 
cordingly  be  Ingroflcd,  which  on  the  lafl:  ofday  every  Seffion  fhall  bedelibe-  "{'^'"Irl'^^^S 
rately  Read  over  before  the  whole  Court;  Provided  tfiat  if  the  Magiftrates  '"""' 
and  Deputies  fl>all  happen  to  differ  in  any  cafe  of  Judicature,  either  Civil  ^.j-^,  P, // 
or  Criminal  ,    fuch  Calc  fliall  be    determined  by  the  Majol-  Vote  of  the 
whole  Court  met  together. 

■•3.  FOR  the  Ek&'mg  of  the  Govemour^  Deputy  Corcrmur,  yifjtf,ants. 
and  General  Officers^  upon  the  day  dffairited  by  oi'.r  Patmt,  to  hold  our  yearly 
SlefttoKy  being  the  Injl  Wednesday  vf  every  Uefley  Tcarm%  '  Day  of  Eiccl'-on 

It  is  Solemnly  and  Unanimoufiy  £)ecreed  rnd  Eftablifhed;  That  hence-  l,°,Voit'sut!'' 
forth,  the  Freemen  of  this  Jurisdiction,  fliafl  cirhgr  inPerfoiT  or  by  Proxy,  """"S- 
without  any  Summons  Attend  and  Confumiiiate  the  Elcftions  on  the  day 
aforcfaid  yearlv :    at  which  tiriic  alfo  thev  fhall  fend  their  PettiJtvcs  with  „     .•  .,ict» 
lull  Power  to  confuit  or  and  dcteinnne  fuch  matters,  as  concern  the  Wef   bcfent, 
fare  of  this  Colnmon- wealth ;  From  which  General  Comt,   no  Magiftrate 
or  XJcputy  fliall  depart  or  be  difchargcd,  without  the  confent  of  the  Major  No,.e  m  H.p>r» 
part  both  of  Magiftrates  and  Deputies,  during  the  tirft  four  daycs   of  the  wHhout  Uave.  ' 
El  ft  Scffion,  under  the  penalty  of  one  biwdred  Pounds,  nor  afterwards  under 
fuch  penalty  as  the  Court  fliall  impofc.    Provided  that  the  Deputies   of 
Dover,  and  of  fuch  other  Townes  as  are  not  by  Law  bound  to  fend  Depuies, 
arc  at  liberty    of  attending  any  after  SeHions.  \_"'4s-)  ssl 


.2  4- 


4.  [t  is  hereby  Ordered  and  declared,  that  the  Governour  and  Depiity  .  _ 
Governour,  joyntly  agreeing,  or  any  three  Afhftants  confenting,  have  power  -'-^  • 
ottt  of  Court  to  Reprieve  a  condemned  Malefacflor,  till  the  next  Court  of  Go.frno,.r  juH 
Affifiants,  or  General  Court;  and  that  the  General  Court  onely  hath  Power  ax^^^lVkmnZt 
to  Pardon  a  condemned  Melefadtor.  r^wcrtortpr-.t* 

Alfo  it  is  declared,   that  the  General  Court  hath   Authority  to  fend  '""''"'"''■"'"'■  • 
forth  into  Forraine  parts,  any  member  of  this  Commonwealth,  of  what-  c<■^fralC(^^rr^ 
foevcr  quality,  conditon,  ofTicc  or  relation,  about  any  pnblick  Meffagc  or  "J,"jC'rfc„^"'' 
Negotiation,  Provided  the  Party  fofcnt  be  acquainted  with  the  Affaires 
he  goeth  about,  and  be  willing  to  undertake  the  Service.  \_i64i'y 

5.  It  is  Ordered  by  this  Court,  that  the  Governour,  Deputy  Cover-  L.  1.  P.jS, 
nour,  or  greater  part  of  the  AfTiftants,   may  upon   urpent  occafion  cill  a  •2+- 
General  Court  at  any  time;  ]i\\t  no  General  Court  fliall  be  didblved  or  f."*'*  fi"!!! 

1-  J  >    I  1  -  /-     1  .  If  CtiIi;  r«l  Court 

acjourncd,  without  the  conlcnt  of  the  Major  part  thereot.  Notiobc  ifd 

6.  It  is  Ordered  and  declared,  that  the  Govcrnovir  (lull  have  a  carting 

Vote,  wherefoever  there  fliall  be  an  a  ({id-vote,  in  the  Courts  of  Afliftants  cov.mourjnc) 
or  General  Court,  &  the  Prcfident,  or  Moderator  in  all  Courts  of  GiviIAfTem  V^^^tu!  "" 
blies.  C'<)-f /J 

G  2  T//C 


36  Courts, 

fhe  Court  han^  finfibk  of  the  gnat  mceffity  of  mawiabig  the  ylutho 
r'ny  cf  Courts  and  Adagiflrates ; 

Doth  Order,  Thac  whofocver  fhall  openly  or  willingly  defame  any 
L.uV.^6.  Couit  of  Jodice,  or  ihc  Sentences  and  Proceedings  of  the  fanne,  or  any  of 
Ktr'OJciirou.(5  t^'^  Magidiatcs,  cr  other  Judges  of  any  fiidi  Court,  in  refped  of  any  art 
ov Mjixinrate^  rr  ferstencc  therein  paffed,  and  be  convided  thereof  j  fhall  be  puniflied 
pe»!ity.  for  the  fame,  by  whipping,  fine,  imprifonincnt,  dis  franchifmcnt,  orbanifh- 

ment,  as  the  q>jfllity  or  mcafure  of  Ihe  offence  fhall  defcrvc. 

And  if  any  Magiflrate  or  other  member  of  any  Court,  fliall  life  any 

ff         rtht   '■eproQchfuIl  or  unbefecming  fpeecbes  orbehaviour,  towards  any  Magiflrate, 

moX'snf '^x    Juc^gCj  o^  mcmbcr  of  that  Court,  in  the  face  of  the  Court;   he  fliall  bee 

hoWfu.^d""  ft^rply  reproved  by  the  Governoiir  or  Prefidcnt  of  the  faid  Court,  and 

if  the  quality  of  the  offence  be  fiich  as  fliall  defcrve  a  further  Ccnfurc  , 

or  if  tlie  perfon  fo  reproved  fhall  reply  again  without  leave;  the  Court 

may  proceed  to  punifli  any  fuch  offender,  by  fine  or  imprifonmcnt,  or  may 

bind  him  over  to  the  next  fuperiour  Court.      And  if  m  a  General  Court, 

any  niifcariage  fhall  be  ajnongfl  the  Magiflrates,  when  they  are  by  them- 

felves,  it  fhall  be  examined  and  fentenced  amongft  themfclves,  ifamongfl 

the  Dcputycs  when  they  arc  by  theTnfelves,  it  Hiall  be  examined  and  fen- 

finced  when  they  are  by  themfclves  ,   if  it  be  when  the  whole  Court  is 

together,  it  faall  be  judged  by  the  whole  Court,     [/i?^7,  4t^ 

7.  Tor  the  better  Adminiflration  of  fujlicej  and  eajin£  of  the  Country^ 
p  0/  unneceffavy  charges  and  trara'ile  ;• 

Jj.  I.  Fa 4-  jj  -^  Ordered  by  this  Court  and  the  Authority  thereof,  That  there  bee 
Two  Courts  of  two  Courts  of  Affiflants[yearly  kept  at  Bojlon,  by  the  Governour,or  De- 
Amftjnh.  puty  Govcrnour  and  the  reft  of  the  Magiftratcs,  on  the  frfi  Tuesday  of 

the  frjl  month,  and  on  the  firjl  Tuesday  of  the  fevcuth  tntntb,  to  hear  and 
their  power?        determine  all,  and  oncly  actions  of  Appcale  from  inferiour  Courts,  all 
Caufes  of  divorce,  all  Capital  and  Criminal  Caufcs,  extending  to  Life, 
Member  cr  Banifhment.     And  that  juflice  be  not  deferred,  nor  the  Country 
L  j.  r.J.     needlcfly  charged;  It  fhall  be  Lawfuil  for  the  Goveinour,orinhis  abfence 
cmt-f'^ut  may  tl'c  Dcputy  Govcmour  (as  they  ftall  judge  neceffary)  to  call  a  Court  of 
'^ffift  nt"""^     Affiflants  for  the  Tryall  of  any  Malefatftonr  in  Capital  Caufes. 

Alfo  there  fhall  be  County  Courts  held  in  the  feveral  Countyes,  by 

the  Magiflrates  living  in  the  rcfpecftivc  Counties,  or  any  other  MagiAratcs 

that  can  attend  the  fame,  or  by  fuch  Magiflrates  as  the  General  Couit 

Li.P-  i4j  fliall  appoint  from  time  to  time;   together  with  fuch  perfons  of  worth, 

If.  where  there  fhall  be  need,  as  fhall  from  time  to  time  be  appointed  by  the 

General  Court  (at  the  nomination  of  the  Freemen  of  the  County)  to  be 

County  Courts  j(,-yne(\  jn  CominifTion  with  the  MagiAratcs,  fo  that  they  may  be  Five  in 

who  k«r»p  Idem  all,  Thrte  whereof  may  keep  a  Court,  provided  there  be  one  Magiflrate; 

Every  of  which  Courts  fhall  have  full  power  to  hear  and  determine  all 

"ud^er'""         Cauft5,  Civil  and  Criminal,  not  extending  to  Life,  Member  or  PaniQimenr, 

(which  with  Caufes  of  divorce,  arcre.fcrved  to  the  Court  of  AiTiQants')  and 

tbeirPowtr,        j.^  make  and  conflitute  Clerks  and  other  needfull  Officers,  andtoSummoa 

juryes  cf  Jnquefl,  and  Tryals  ovr  cf  the  Tcv/ns  of  the  County ;  Provided 

no  Jurors  fhai)  be  warned  from  Salem  to  hfivich.not  hoii\]pfwichtoSale*>i 

and  (be  times  and  places  for  holding  the  Cov>nty  Courts  fhall  be  aS  fol- 

loweth 


Sujfcik 


Courts.  ,  37 


S  V  F  F  O  L  K. 

Baflon  the  laft  tiiefday  cf  the  fecond  Month. 

The.Iaft  tueWay  of  .the  fifth  Month.  '^'^.ccoi^^i^' 

The  lart  tuefdiy  of  the  eighth  Month.  courts. 

And  the  laft  tuefday  of  the  eleventh  Month. 

Ti^O   R  F  O  L  K. 

SalUhury  the  fecond  tiiefday  of  the  fecond  Month 
Hampton  tlie  fecond  ttiefday  of  the  eighth  Month. 

ESSEX. 

Sahm  the  laft;  tuefday  of  tlie  fourth  Mcnth. 
And  the  laft  tuefday  of  the  ninth  Month, 
ip/w/c/'  the.  laft  tuefday  of  the  firft  Month. 
And  the  laft  tuefday  of  the  feveiuh  Month, 

p  A  s  c  /I  r  yi  iZy  A 

7>l7tfryiouth  J  ^^^^^^  tuefday  of  the  fourth  Month, 
tJUiDD  LSSEX. 

Churljlown  the  third  tuefday  of  the  fourth  Month, 
And  the  third  tuefday  of  the  tenth. Month. 
Cambridge  the  firft  tuefday  of  the  fecond  Month, 
And  the  firft  tuefday  of  the  eighth  Month. 

rVKKSHlli^E. 

Vuri^the  fir/t  tuefday   of  the  fifth  Month. 

ff  ^  M  p  s  H  I  K  e. 

North- /-/(tntplori  the  !aft  tuefday  of  the  firft  Month, 
^(irin^ficloi  the  laft  tuefday  of  the  feventh  Month. 


A  Judgcnieiu  acknouledged  before  any  two  Magiftrates    and  the  Je-  T  2  T>  T 

cretjry  or  Clerk  of  any  Court,  ftiall  be  good  in  Law,  and  the  Clerks  Fee  jodjjisxnt  «- 

for  Recoidiii"  the  fame  fliall  be  twelve  pence,  and  if  the  Secretary  or  Clerk  knowWEcH  b^ 

bc  a  Magiltratc,  nc  with  one  Magutrac.:  may  do  it.  fir»tcj. 

8.  Fjr  the  more  fptedy  difpatch  of  all  Catifes  a-hieh  ^nl  cvceni  Strtrn-   L.i.p.lJ". 
gtrs.,   who  exnntl    wit^xut  prejudice  /lay   f(?  attend  tiK  oniniayy   Courts  of 
pijiice  i 

It  is  Ordered,  That  the  Govfrnoiir  or   Deputy   Goveinour,  with  any 
two  Magirtrates,  or  v/lien  the  Covernoiir,  Deputy  Govcrnour,  cannot  ar-   fo^sjlia^,,'^ 
tend  it,  that  aii\  three  M;;£i(\rates  fhall  have  power  upon  chc  rcqucft  of 

G  3  fuch 


38  CpurtJ. 


Record?  of  fpc- 
cial  Cnurli  lo  bt'    § 
Irjnrmtrltd     10 
the    Cj-.uC   of 


fuch  Stranger,  to  call  a  fpecial  Court  to  hear  and  determine  all  Canfej 
civil  andaiminal  (triablts  in  any  County  Court  according  to  the  manner 
of  proceeding  ill  County  Courts)  which  fliall   arife  between  iiich   Stran- 


Pf 


Affitijiits.  to 

L.2.P.15 


the  party  caft  or  condemned  ia  tlie  cafe.     [  i6^f.'j 
-     ^  Jt  is  further  Ordered  that  it  fliall  be  lawful  for  any   Stranger,  upon 

fo'^fue"t"an"'''  '^g^l  Summons,  to  enter  any  Adicn  in  any  Court  of  th^s  Jurifdiflion,  a- 
*^"'"'-  gainfl  any  pcrfon.not  refiding  or  Inhabitant  aniongfl  us. 

L.i.r. 30.  g.  For  hrevcifi'ing' all  occaficns  of  ^art'ia]  cr  undue  frccccdings^  in  Courts 

of  Jufiicc  and  nvcidin^  of  jcaloiifies  -^ 

it  is  Ordered,  that 'in  every  civil' Caufe,  between   Party   and   Party, 
ii7dg«  ifUtea  ^vhcrc  there  is  between  any  Judge  of  the  Court,  and  any   of  the  parries, 
10  r"-i'C3n.,t  10  the  Relation  of  father  and  Son,   either  by  Nature  cr   Marriage,   Brother 
gi»c   en  ence.     ^^^j  Brother,  Unclc  and  Nephew,  Landlord  and  Tenent  in  matters  of  ccn- 
fiderable   value:  Such.  Judge,  though  he  may  have  liberty  to  give  rcafon- 
ab!e  Advice  in  the  cafe,  yet  iJiall  liave  no  power  to  Vote  or  give  Sen- 
tence therein ;  ntitiitr  fnali  fit  as  a  Judge,  when  he  lliail  fo  plead  or  give 
Advice  therein.     £  i^sJ-  J 

I..1.P.16.  30.  It  is  Ordered  by  this  Court j  that  every  per fon^  that  is  to   An- 

ofTendu-  t"  lie  jwcr  for  any  criminal  Caufe,  whether  in  Prifcn  or  under  Baylcj  his  Caufe 

Court.  '  '^'"''"  fnalLbc  heard  and  determined  at  the  next  Cotirt  that  hath   proper  cogni- 

7.ancc  thereof,  if  it  may  be  done  without  prejudice  of  JuAicc.     £  1641.^ 


A  5'4.P.2,  ir.  Forafmucb  ins  the  proceedings  of  this  Cturt  are  cften  hindrcd  hyiii- 

troducm^  f  articular  cafes  of  a  private  nature-^ 

?jrKo^n!'n"y'  ^^  ^^  thcrcforc  Ordered,  that  no  Court  fhall  transfer  the   Cafes  comc- 

confiiii    with     ing  before  them,  and  proper  to  their  cognizance,  v/heiher  civil  or  criminal, 

cJur?'™"''       ^""^  if  there  be  diiViculty  in  any  cafe  the  Couit  fliall  flate  the  Qucftion, 

leaving  out  the  parties  Names,  and  may  prcfent  the  fame  to  the  General 

Court,  where  it  may  be  rcfolved  j  and  according  to  the  faid  rcfoiution  of 

the  General  Court,  the  Inferiour  Court  that  prefentcd  the  Queftion,  fhall 

at  their  next  meeting  proceed  to  Judgement  or  Sentence.     [_  itfj4.2 

I.2.P.4.  ^2-  Every  Court  within  tliis  Jurifdi(fHon  where,  two  Mngiftratcs  arc 

tuLi.iv  t.oiirts  prcfcnt,  may  admit  any  Church  Members,  that  are  fit  to  be  Freemen,  gi- 
MMy  admit  free  .^,i„g  thf.^  .flje  Oath,  and  the   Clerk   of  each.  Court  fhall  cc-rtiiic  their 
Names  to  the  Secretary  at  the  next  General  Court.     \i''f'4'-} 

It  is  Ordered  that  the  Secretary  at  the  recjuefV  of  all  fuch  as  are  ad- 
to'bf 'Recorded  ''"''^•^'^'^  ^°  *^^  frcedgmc  of  this  Colony  or  any  in  their  behaU",  give  a  true 
copy  out  of  this  Courts  Records  of  their  Names  by  them  to  he  delivered 
to  the  Clerks  or  Recorders  of  thofe  Courts  in  the  feveral  Counties  to 
vvhicii  they  do  belong,  with  a  copy  of  the  Oath  of'  Freemen  as  it  is  now 
Itated,  that  they  may  there  take  tlicir  Oathcs,  &c,     [  1^66.'} 

Courts  nyijoimnmnts. 

WHtrcas  ihroiigh  the  extremity  of  the  feafons  in  tfjif  Count«y,  cr  other 
accidrnis  ihct  often   happen,  thai    Courts  of  Jufice  arc  fof'nctifnes 
fut  by  to  t!<c  gre^t  prejudice  cf  fi'fiice; 

This 


Cruelly,    .Dealh  uniimdj.     Debts^  39 


This  Court  doch  therefore  Order,  that  henccfdrth  it  fhall  be  in  the 
power  of  any  one  or  more  of  the  Magiftratcs,  being  prefent  at  the  time 
and  place  where  the  Court  is  to  be  kept,  to  Adjournc  the  faid  Court  to 
fome  more  convenient  time,  as  though  the  whole  Court  had  been  met;  ^"j^j)'  *'°""' 
and  all  Jury  men,  WitnelTes  and  Parties  fummoned  to  attend  the  Court, 
either  in  Civil  or  Ciiminal  Cafes,  according  to  their  refpe(rtive  Summons, 
Obligations,  Attachments  or  other  Procefs  are  hereby  bound  to  fuch  A- 
journments,  and  all  proceedings  to  remain  in  force  as  though  the  ordinary 
courfe  of  time  had  been  attended     [_>66 1-'} 


C  R  V  E  L  T  r. 


IT  is  Ordered  by  this  Cotirt,     That  no  man  fhall  exercifc  any  Tyratwy  croritj. 
or  Cruelty  towards  any  Driiit  Creatures,  v/hich  arc  ufiialiy  kepi  for  the 
tifc  of  Man.     [/^4/.J 


Dedlb  'VntmelJ. 

JT  i«  Ordered  bv  this  Court  and  the  Authority  thereof,  that  when foever  ""''.'^f'J'  '*^'"' 
any  Perfon  fhaH  tome  to  any  iuddam,  untimely   or  unnatural  death;   byajory. 
fome  AlTiftant  or  the  Conftable  of  the  Town,  flia'il  forthwith   Summon  a 
Jury  of  twelve  difcrect  Men  to  inquire  of  the  caufc  and  manner   of  their 
Death   who  fliall  prefent  a.  true  vcrdid  thereof  to  fome  near  A/Tiflant,  or 
the  next  County  Court  ucon  their  Oath.     [  /<J4'.  ] 


nesTS  by   BOOK 


ON  fowjiJfi»«f,  and  ctnfid'^-ationof  fuAdry  hemvenienees  both  lo  CrcdU 
tors  .a>td   Debtors,  thrcu_^h  want  of  fiafortabU  examination  a,'d  bal. 
anctng  of  Scckaccompts-, 

It" is  Ordered,  and  by  this  Court  Ens(fte<3,  that  all  fuch  Book  debts  aS 
are  now  Handing  out,  or  that  hereafter  [hall  be  made,  and  that  fhall  rot 
within  three  years  after   publication  hereof,  or  withm  three  years   after   BooBd.Us   lo 
fuch  debt  as  hereafter  fhall  be  made,  be  accounted  for  or  baUdnced  with  ^hMo'ry""' 

the 


40  't)€^iia. 

the  Original  Debtor  or  his  Attorney,  Agent,  Affignc,  or  other  kivful  Suc- 
ccfTor  or  Subftitutc,  and  on  Accompt  or  BaHance  thereof,  afliircil  by  Spe- 
cialty given  for  it,  or  witnefled  by  fubfcribing  the  Debtor  ot  other  Ac- 
coniptants  Mamc  to  the  Creditors  Book,  or  Subfcription  of  the  Witnef- 
fes  to  fvch  Accompt,  fhal!  not  be  pleadable  m  any  Court;  imler?  fuch 
Book  debt  Hiall  within  the  time  before  limited,  be  profcciitcd  or  proved 
in  fuch  Court  as  hath  proper  cognizance  thereof,  by  Evidence  competent 
and  approved  by  the  faid  Court:  And  thc'Evidence  there  Recorded,  and 
the  Record  thereof,  fhall  fccure  th<i  Creditor,  his  Executors  and  AlTtgnes, 
unlefs  the  Debtor  or  his  Afllgncs  fhall  difprove  the  fame,  within  one  year 
after  fuch  proof  made,  or  recovery  of  the  faid  Debt,  if  fuch  Debtor,  his 
cr  her  Agent,  Attorney,  Afilgnc,  Snbftitute,  Executor,  Admlninrator  ct 
other  laVAfol  fucceflbr,  be  or  (hall  be  within  ihis  Jurifdidion,  or  elfev.'herc, 
and  have  due  notice  from  the  Creditor  thei'cof. 


Defuftef  for  ihe  General  Court , 


•Depo'Tf?  rttfer.    j-p  jg  Ordered  by  this  Court  and  the  Authority  hereof,  that  hencefortWt 
bjl'sper.  J[  (^^^Ij  j^„  !a.^,fyi  for  the  Freemen  of  every  Town,  to  chufc  (by  Papers) 

Deputies  for  the  General  Court;  who  have  liberty  to  meet  together,  to 
confer  and  prepare  fuch  publiek  bufmefs,  as  by  them  fhall  be  tliought  fit 
TKeii-power        to  bc  confidcrcd  of  at  the  next  General  Court,  who  alfo  fhall  have  the 
fLtll  power  of  all  the  Freemen  deputed  to  them,  for  the  making  and  efla- 
bhrning  of  Laws,  granting  Lands,  and  to  deal  in  all  other  affaires  of  tlic 
Commonwealth,  wherein  the  Freemen  have  to  do,  the  matter  of  Elc<fiioa 
of  Magiftrates  and  other  Officers  onely   excepted:    wherein  every   Free- 
man is'  to  give  in  his  Vote ;  Provided  that  no  Town  fhall  fend  more  then 
ur  of  Cc-    two  Deputies,  and  no  Town   that  hath  not  to  the  number  of  twenty  Frec- 
pulie'^-t'o bf  inK    rncn  fhall  fend  m.ore  then  one  Deputy;  and  fuch  Plantations  as  have  not 
To^:"*'"'"    ten  Freemen  fhall  fend  none,  but  fuch  Freemen  may  Vote  with  the  next 
Town,  in  the  choice  of  their  Deputies,  till  this  Court  take  further  Order. 
A-  iy  And  all  Towns  that  have  not  more   then  thiriy   Freemen,  fhall  be  at  li- 

berty of  fending  or  not  fendmg  Deputies  to  the  General  Court.     £  i6s6. 

t  ib,rt  +o  rhMfe  *•  And  the  Free  men  of  any  ^'ire  or  foirw,  have  liberty  to  choofc  fuch  De- 
Dcpuii:'  <)"<■!■  puties  for  the  Generall  Court,  cither  in  th?lr  own  (hire  Town,  or  clfc  where 
!n''^'hr^rifa?  as  they  judge  fittefl,  fo  bc  it  ihey  bc  Fveemen,  and  Inhabiting  this  Jurif- 
ft'on  diOion. 

Ott.>ii'« 'Ti'J  And  when  the  Deputies  for  the  fevcral  Towns  are  met  together  at  any  Ce- 

crJtMh'.r  own    ^^^^j'  Qp^-j.^  jj  f|^,^jj  be  lawful  for  them  or  the  major  pait    of  them,  to 

hear  and  determine  any  difference  that  may  arife  about  the   ElcOion  of 

any  of  their  Members,'  and  to  order  what  may  concern  the  well  ordering 

of  jhcir  body. 

j4tic(  hrcaiife  we  rcmint  fcrtfee  what  vtfrrtty  itnd  xvri£hf  of  oeeafwus  vnny 

fall  info  future  coKfldcratwn,  and  what  Cou'ijtls  wc  may  Jlaud  in  medof; 

It 


bourc 


Tijftrefi.  4 1 

It  IS  Ordered  that  the  Deputies  o(  the  Cieneral  Courf,  fhatl  not  at  any 
time  be  ttaicd  and  ooiuiuued  but  from   Couft  ro  Court,  or  at  rrKfll  bin  v'oD»putW%  m 
for  a  year,  tKat  thcCoxjntry  may  have  an  2^'^nual  liberty,  lodf.  mthat  cale  ontjt""^"^ 
what  IS  moft  bchoofFuIfur  the  welfare  thereof     [[  '^41-j^.sJ-^ 


Vt*T. 


And  it  is  further  Ordered,  that  no' man  althouj^h  a  Freerr.an  Ihal]  be  A.sA-f-3- 
acccptcd  as  a  Deputy  in  the  General   Const;  that  is  unTciind  \n   judge   Ofpiofsio  br 
incnt,  concerning  the  main  pcints  of  ChrifliHn  Religion,  as  they  have  been  o"^^"" 
held  forth  and  acknowledged  by  the  generality  of  theProreftanr  Orthodox 
Writers  j  cr  that  is  fcandalous  in  his  converfation,  or  that  is  unfaithful  to 
this  Governnient. 

And  it  is  further  Ordered,  that  it  fhall  not  bskwfiil  for  any  Free- 
man to  make  •choice  of  any  fuch  perfon  as  aforefaid,  thdt  is  kn«wn  to 
himfelf  to  be  under  fuch  otfence  or  offences  fpecified,  i;pon  pain  or  pf*' 
rally  of  five  pounds,  and  the  Cafes  of  fuch  perfons  to  be  tried  b.y  the 
whole  General  Court.     [^  /<?/-?.  J 

And  henceforth  the  Conftables  of  each  T'lwn,  fhall    return  the  name 
of  the  perfon  or  perfons  chofen  by  the  Freemen  to   be    Deputies  for  the  fuTn".'^,!' '^TrJ'" 
General  Court,  and  the  time  for  which  tliey  are  chol'en,  whether   for  the  fh'fe-^  i>pDt,s« 
firft  SelTion  or  jor  the  whol€  year.     And  every  Condable  that   fliall    faileJTr^ 
in  his  duty  herein  fhall  forfeit  the  fum  of  twenty  fhillings,  to  be   paid  to 
the  common  Treafury  ^  and  all  perfons  fo  chofcn  as  aforefaid,  accepting 
thereof,  which  fhall  be  abfent  from  the  houfc,  during  the  time  of  their 
fitting,  without  )uii  grounds   fo  judged  by   the  houfe,  flial!  pay  lv;entV 
fliillmgs  a  day   for  every   fuch   defedl,  and    the   feveral   returns  cf  each 
Conftable,  (hall  be  kept  on  file  by  the  Clerk   of  the  Deputies  tuitill   the 
Court  be  ended.     C  "</■#•  j 

ft  is  Ordered  by  this  Court  and  the  Authority  ttTereof,  that  no  per  f.       ^  ^ 
fon  who  is  an  ufual  and  common  Attorney  in   any  Inferiour  Court,  fhall  ejiTo  Deputy 
be  aduiittcd  to  lit  as  a  Deputy  in  this  Court 


DISTRES  SE 


1  T  is  Ordered  by  this  Court  and  the  Authority  thereof,   that  no  mans 
1  Corn  or  Hay  that  is  in  the  field,  or  upon  the  Cart,  nor  his  Garden  fluffe, 
nor  any  thing  lubjcd  to  prefent  decay,  fliall  be  taken   in   Diftrcfs,  unlds  Diftrffs  upon 
nc  that  takes  it  doth  prcfently  bcftow  it  where  it  may  not  be   imbc/led,  <:<'^"""*>  ^' 
iior  fufftr  fpoilc  or  decay,  or  give  fecurity  to  fatisfie  the  worth  thereof' 
"it  comes  to  any  harm.     C  ''^■f'.  J 


"Powf/Vx^ 


i^  Dowries.    1)rDvn^. 


DOWRIES. 


FOrafmuch  as  m  prorijion  hath  been  made  for  am  certain  mainlcmnce  of 
wives  after  the  decease  of  their  Husbands  j 
t^c"Thl?d  "r^  ^^  '^  Ordered  by  this  Court   and  the  Authority  thereof,  that  every 

Oifir  Hujbando  Married  Woman,  Hiving  with  her  Husband  in  this  Jurildi<[lion,  or  other 
Laiids.&c.  vhcre  abfent  from  him  with  his  confent,  or  through  his  mcer  default,  oe 

inevitable  providence,  or  in  cafe  of  Divorce,  where  fhe  is  the  innocent 
party  )  that  fliall  not  before  Marriage  be  cftatcd  by  way  of  joynturc,  in 
fonie  Houfes,  Lands,  Tenements  or  other  Hereditaments  for  tearm  of  life, 
ihall  immediately  after  the  death  of  her  Husband,  have  Right  and  Intereft 
by  way  of  Dowry,  in  and  to  one  third  part  of  all  fuch  Houfes,  Lands, 
Tenements  and  Hereditaments,  as  her  Husband  was  feized  of  to  his  own 
life,  either  in  poffeflion,  Reverfion  or  Remainder,  in  any  Bflatc  of  Inhe- 
ritance, (  or  Frank  tenement  not  then  determined)  at  any  time  during  the 
Marriage,  to  Irave  and  enjoy  for  the  tearm  of  her  natural  life,  according 
to  the  Lflate  ol  fuch  Husband,  free  and  freely  difchargcd  of,  and  from  all 
Titles,  Debts,  Rents,  Charges,  Judgements,  Executions  and  other  Incum- 
brances whatfoevcr,  had,  made  or  fuflered  by  her  Husband,  during  the 
laid  Marriage  between  them,  or  by  any  other  pcrfon  cialining  by,  from 
or  under  him,  or  otherwifc,  then  by  fome  A{\  or  Confent  of  Itith  Wife 
L.2-p.5'  fignified  by  writing  under  her  hand,  and  acknowledged  before  fome  Ma- 
giftrate  or  others.  Authorized  thereunto,  which  ibail  bar  her  from  any 
Right  or  Intereft  in  fuch  Eftate,  And  if  the  Heir  of  the  Husband  or 
,  ^_  oilier  perfon  Intercfted,  fhall  not  within  one  Month  after   lawful  demand, 

part  10  be  fa     made,  afTignc  and  fet  out  to  fuch  Widdow  her  jufl  third  part  with  con- 
°^'  veniency,  or  to  her  fatisfaftion,  according  to  the  intent  of  this  Law,  then 

upon  a  Writ  of  Dowry,  in  the  Court  of  that  Shire  where  the  faid  Houfes, 
Lands,  Tenements  or  other  Hereditaments  fhall  lye,  or  in  the  Court  of 
AfTidants,  if  the  fame  lye  in  fcveral  Shires;  her  third  part  or  Dowry  fhall 
be  alTigiied  her,  to  be  fet  out  in  feveral,  by  Mets  and  Bounds,  by  fucfi 
perfons  as  the  fame  Court  fhall  appoint  for  that  purpofe,  with  all  cofls 
and  damages  fiiftained;  Provided  alwaycs  this  Law  fhall  not  extend  to 
any  Houses,  Lands,  Tenements  or  other  Hereditaments  fold  or  conveyed 
away  by  any  Husband  "Bona  fide,  for  valuable  confidcration  before  the  lad 
of  November  one  ihcufmd  fix  hundred  and  forty  fcrat.  Provided  alio  that 
every  fuch  widdow  fo  endowed  as  aforcfaid,  fhall  not  commit  or  fuffec 
Not  to  foffer  ,j„y  jiyj^  ^,y  voafle,  but  fliall  maintain  all  fuch  Houfes,  Fences  and  Inclo- 
fltiporwa  t.  j.^^^^  ^^  ^^jl  1^^  afTigned  to  her  for  her  Dowry,  and  fhall  leave  the  fame 
in  good  and  fufFlcicnt  reparation  ui  all  rcfpe^ls.     \_  i<^^i.} 


1 


drofers. 


T  is  Ordered  by  this.  Court  and  tbei\uthon*ty  thereof.  That  if  any  mad 
fball  have  octaiion  to  lead,  or  drive  Cattle  fioni  place  to  place  that  is 

far 


JBttlt/iaJltctil,  4  3 


far  off,  fo  th^.t  they  be  weary,  or  hungry,  or  fall  fick  or  lame,  it  Diall  be 
lawfull  to  reft  and  refrefh  them  for  a  competenr  timt  in  any.  open  place 
that  is  not  Corn,  Meadow  or  inclofed  for  fome  particular  u-fe.   [  /rf^/.'] 


JECCESJy^STICJL. 

AL  L  the  People  of  God  with'm  th':s  fa/ifcli^tion,  who  are  not  in  a  Church- 
r;ay,  and  be  Orthodox  in  ludgcmcy.ty  and  noi   ScaHdakv.s  in  life,  Siiall    ijb.ny  to  gt. 
have  full  liberty  to  gather  thcmfclvcs  into  a  Church  Eftatc,  provided  tliey    •'■"C^"'*" 
do  it  in  a  Chriftian  way,  with  the  obfcrvatioii  of  the  Rules  of  Chriit  re- 
vealed in  his  Word. 

Provided  alfo,  that  the  General  Court  doth  not,  nor  wil!  hereafter   ,v„h  ,pp,„hjii- 
approve  of  any  fuch  companies  of  men,  as  fhall  joyn   in   any   pretended   "''"''  ^'^y 
way  of  Church-fellowfhip,  unlefs  they  Ihall  acquaint  thtee  or  more  Ma    ""'"' 
giftrates  dwelling  next,  and  the  Elders  of  the  Neighbour  Churches  where 
they  intend  to  joyn  and  have  theiv  approbation  tljerein. 

2.  It  is  further  Ordered,  that  no  perfon  being  a  Member  of  sny 
Ch'jrch  which  fhall  be  gathered  without  the  approbntion  of  the  Msgi- 
ftretes  and  the  faid  Churches,  flull  be  admitted  to  the  ftccdonie  of  this 
Common  wealth. 

3.  Every, Church  hath  free  liberty  to  cxercife  all  the  Ordinances  of 
God,  ::ccording  to  the  Rule  of  the  Scripture. 

4.  Every  Church  hath  free  liberty  of  Ele<f\ion  and  Ordination  of  all  tociufrchuTA 
her  Officers  from'  time  to  time,  provided  they  be  able,  pious  and  Orthodox.   °^"^'"- 

5.  Every  Church  hath  alfo  free  liberty   of  AdmifBon.,  Reccmmenda- 

tioi.,  DifmifTion  and  cxpqlfion,  or  Difpofal  of    their  OfPicerfi  and   Mem-      ""''"' 
bcrs  upon  due  Caufe,,  with  free  Exercife  of  the  Difcipline   and  Ccnfufes 
of  Chrift,  according  to  the  Rules  of  the  Word. 

6.  No  Injun£lion  fhall  be  put  upon  an^   Church,  Church  officer  or  NuHutn:ne  in. 
Member  in  point  of  Dodrinc,  Worfhip  or  Difcipline,  whether    for  Sub-  '''''^"'"' 
ftaucTc  oj-  Circuniftancc  befides  the  Inlhtution  of  the  Lord. 

7.  Every  Church  of  Chrifl,  hath  freednme  to  Celebrate  dayes  of 
Falling  and  i^raver  and  of  Thanksgiving,  according  to  the  Word  of  God 

8.  The  Elders  of  Churches  and  other  Brethren  and  Mencngcrs,  have   Eidtrs  mceilnt 
JibcTLy  to  meet  Montlily,  Qjiarterly  or  otherwile,  in  convcnteiu   Numbere 

t-od  Places  for  Conference  and  Confultation,  about  Chriftian  and  Church 
Qv'd^-OES  and  Occafions,  provided  that  notliing  be  concluded  and  inipo- 
f?d  by  way  of  Authority  from  one  or  more  Churches  upon  another,  but 
ondy  by  way  of  Brotherly  Conference  and  Confultation 

9.  All  Churches  alfo  have  liberty  to  deal  with  any  of  their  Members 
Jn  a  Church  way,  that  arc  in.  the  hands  of  Juftice,  fo  it  be  no'  to  retard, 
and  hinder  the  courfe  thereof. 

Hi  io.  Every 


^A  Sccleftifiical. 


10.  Evevy  Chuj-ch.  hath  liberry  to  deal  with  any  Magilhate,  Ueputy 
of  Court  or  other  Officer  whatfocvcr;,  that  is  a  Member  of  theirs,  in  a 
Church  way,  in  cafe  of  apparent  and  juft  of(cnce  given  in  their  places, 
'^^"etli'^'l\',h'^  fo  it  be  done  with  due  obfervance  and  refpetft.     But  no  Church  Cenfure 
tbeirritmb'ers.     ftal!  degrade  or  depofe  any  man  from  any  Civil  Dignity,  Office  or  Au- 
thority he  fliali  have  in  the  Common-wealth, 

ri.  The  Civil  Authority  here  cftabHfhcd,  hath  power  and  liberty  to 
ffe  the  Peace,  Ordinances  and  Rules  of  Chrifl:  be  obfervcd  in  every 
Church,  according  to  his  Word  as  alfo  to  deal  with  any  Church-member 
in  a.  way  of  Civil  Juftice,  notvvithftanding  any  Church  Relation,  Office  or 

IntcreJl. 

prkaiemccitns;  13.  Private  meeiings  for  Edification  in  Religion,   amongfl:  Chriftians 

of  all  forts,  fhafl  be  allowed,  fo  it  be  done  without  jufl;  offence,  for  num- 
ber, time,  plac-c  and  other  circuinllanccs.     [^id^i-i.2 

13.  The  Treafurer  of  the  Country,  fnall  defray  the  charges  of  the 
-L.  2.  p.7        Elders  of  our  Churches  when  they  arc  imploycd  by  fpecial  Order  of  the 
General  Court.     Q  /'^4i'2 


WhcYcc.s  h  is  the  duty  of  the   Chrifiidn   Magifirciie  to   take  care  the 

gyf     fg         Fecpls  he  fed  rvJtk  n-kokfome  and  found  DoUrine,  ^nd  in  this  hour  of  tcm- 

pation  VfUrein  the  Emmy  defipieth   to  fow   ecrrupt  feed.     Every  company, 

cay.iiot  he  thought  able  or  fity  to  judfj  of  the  Gofpel  qualifications  required  m 

the  -piihUck^difpenftrs  of  the  VVord^  and  all  SoNcties  of  Chriftians  are  hound 

Cor.nsnt  prescii.    to  attv/d  Order  end  Communion  of  Churches,  cbnfdering  al^o  the  rich  blef- 

^clt'oikaz^'^^'  P'^i  f/  ^°^':>  P^y'i''?  />'o^  the  good  agrecmmt  of  the  Ciwl  and  Chunh-efiate, 

una  the  horrible  mifchiefs  and  confufions  that  follow  en  the  contrary  % 

k  is  therefore  Ordered,  that  henceforth  no  perfon  fhall  publickly  and 
conftantly  Preach  to  any  company  of  People,  whether  in  Church  Society 
or  hot,  or  be  Ordained  to  the  Office  of  a  Teaching  Elder^  where  any  two 
Orgcnick  Chiirches,  Council  of  State,  or  General  Court  fliall  declare  their 
difiaiii-faction  thereat,  either  in  reference  to  Dccflrine  or  Pradife,  thcfaid 
Cfience  being  declsred  to  the  faid  company  of  People,  Church  or  Per- 
fon, lintiii  tha  Ofiencc  be  orderly  removed ;  and  in  cafe  of  Ordination  of 
any  Tcaeh:::^  Elcsr^  timely  notice  thereof  fhall  be  given  unto  three  or 
four  of  the  neighboiaing  Organick  Churches,  for  their  approbation. [;^/.i?3 

34.  Forafmuch  as  the  open  contempt  of  Gods  Wcrd^  and  Adejfcngers 
thereof^  is  the  defolating  fn  of  Civil  State  and  Churches  j 

It  is  Ordered,  that  if  any  Chriitian  (fo  called)  within  this  Jurifdi- 
(flion,  fha!)  contemptuouny  behave  hirnfelf,  towards  the  Word  Preached, 
^(Ito^at'^!^'^  or  the  MefTeiigsrs  thereof,  called  to  difpenfe  the  fame  in  any  Congrega- 
tion, when  he  doth  faithfully  execute  his  fcrvice  and  Office  therein,  ac- 
cording to  the  V/ill  and  Word  of  God  j  cither  by  interrupting  him  in  his 
Preaching;,  or  by  charging  him  falfely  with  any  Error,  which  he  hath  not 
taught  in  the  open  face  of  the  Church,  or  like  a  fon  of  Korahy  caft  upoa 
bis  tfue  Dcftrinc,  or  him.'elf  any  Reproach  to  the  difhonour  of  the  Lord 
Jfifus  who  haih  Jent  him,  and  to  the  difparagcment,  of  his  holy  Ordinance, 
and  making  C^ods  wayes  contemptible  and  ridiculous:  that  every  fuch. 
perfon  or  perfons  (whatfocvcr  cenfiuc  the  Church  may  pafs  )  fhall  for  the 

firft 


Ecckfajlkal,  415 


Abtoncc  rrom 


firH  S-randal  be  convented  and  reproved  openly  by  the  Magiftrate  at  fome 
Lc€c:~%  and  bound  to  their  good  behaviour. 

And  if  a  f::ond  time  they  break  forth  into  the  like  contemptuous  car- 
t::.3CS,  they  fi-.ali  either  pay  five  pounds  to  the  pubiick  Treafuty,  or  ftand  - 
two  hours  openly  upon  a  Block,  or  Stool,  four  foot  high ,  on  a  Leduro 
day,  witii  a  paper  fixed  on  his  breaft,  written  in  Capital  Letters, 

AN    OPEN     AND     OBSTINATE     CONTEMNER     OF 
GODS    HOLY     ORDINANCES, 

that  others  may  hear  end  be  afharfied  of  breaking  out  into  the  like  wio 
kednefs.    f  I64(f.  ] 

And  every  Chriftian  as  aforcfaid,  that  fhall  go  about  to  dcftroy  or   £  zp.j-^ 
difturb  the  Order  and  Peace  of  the  Churches  cftablifhed  in  this  Junfdi- 
fiion,  by  open  renouncing  their  Church  eftate,  or  their  Miniftry,  or  other 
Ordinances  difpenfcd  in  them,  cither  Upon  pretence  that  the  Churches 
were  not  planted  by  any  new  Apoflle,  or  that  Ordinances  are  for  carnal  D:ft..f>«"^  or 
Chriftians,  or  for  Babes  in  Chrift,  and  not  for  fpiritual  or  illuminated  per-  "[  rhinihesji*! 
fons,  or  upon  any  other  fuch  like  groundlcfs  conceit  i    every  I'uch  per  on  "aiiy. 
who  lliall  be  found  culpable  herein,  after  due  means  of  convicftion,  ihall 
forfeit  to  the  pubiick  Treafury,  forty  flnJIir.gs  for  every  month,  fo  long  as 
he  fhall  continue  in  that  his  obftinacy.     [^  16^6.2 

1  y.  wherever  the  Mmifiry  of  the  Word  is   Ef^Miflicd,  according  to  tho 
Order  of  tkc  Cofpcl  throughout  this  "JurifdiUmi  ^ 

Every  perfon  fhall  duciy  refort  and  attend  thereunto  refpeflivcly  on  the 
lords  daycs,  and  uponfuch  pubiick  Faftdayes,  anddaycsof  Thankfgiving,  Mcnmg 
as  are  to  be  generally  obfcrvcd  by  appointment  of  Authority.  And  if  any 
perion  within  this  Jurirdi(flion  fhall  u-ithout  juft  and  neceflary  cauTc, 
withdraur  himfclf  from  the  pubiick  Miniftry  of  the  Word,  afccr  due incans 
of  convicflion  ufcd,  he  fhall  forfeit  for  his  abfcnce  from  every  fuch  pubiick 
meeting  fve  flii/Huis.  And  all  fuch  offences  may  be  heard  and  determined 
from  time  to  time,  by  any  one  or  more  Magilhates.     [^  rd4<f.j 

16.  To  the  end  there  may  be  convenient  Hc^bitations  for  the  A'ttnifleri 
of  the  Word-, 

It  is  Ordered,  that  the  Inhabitants  of  every  Town,  fhall  take  care  to 
provide  the  fame,  either  by  hiring  fomc  convenient  Houfe,  for  the  "ule  of  h'>'w"tVhe"firo- 
the  prcfcnt  MiniUcr,  or  by  compounding  with  him,  allowing  him  a  com-  "''^^'^ '"^ 
pctcnt  and  icafonable  Aim  to  provide  for  himfelf,  lb  long  as  he  fliall  con- 
tinue %vith  them,  or  by  building  or  pui chafing  an  houfe  for  the  Minifler 
and  his  fucccHbrs  in  the  Miniftry,  as  the  major  part  of  the  faid  Inhabitants 
fliali  agree.  And  the  particular  fums  afiellcd  upon  each  perfon  by  a  juft 
Rate,  fhall  be  collected  and  Icvyed  as  other  Town  Rates, 

17.  That  there  may  be  a  fettled  and  tncoura^iit^  maintenance  of  Afi     A.  t 4. !>.<:> 
nipers  in  aU  Towns  and  Congregations  within  this  Jtirifdidion. 

It  is  Ordered,  that  the  County  Court  in  every  Shire,  fhall  upon  in- 
formation given  thGiii  of  any  dcfcd,  of  any  Congregation  or  Town  within 
the  Shire,  order  and  appoint  what  maintenance  Ihail  be  allowed  to  the  Minr-  l^^"^^"  ''"• 
fter  of  the  place, and  fhall  iffue  out  warrants  co  the  Sclcel  men  to  affcfs  the  In-  ic'iancc"  """^' 
habitants,  which  the  C.ohftable  of  the  faid  Town  dial!  eollecl  and  levy  as  other 
Town  Rarcs.  And  it  is  hereby  Declared  to  be  our  intention  that  an  honourable 
allowance  be  m?dc  to  the  MihiRer,  rcfpeding  ihf  jbiJiiyof  the  place,  and 

I  if      - 


lV'irivrt;r<  fiouTcl 


4<5  Ecckfic.fikcl 


if  airy  Town  fhall  finde  theiurelves  burdened  by  the  AfTersmEnts  of  the 
County  Courr,  they  may  compkifi  to  the  Court,  which  will  at  all  times 
be  ready  to  give  jufl  releafs  to  all  men.    \_  16.74.')^ 


IT  ht\ng  the  great  rtuty  of  this  Court,  to  provide  that  all  Flrtces  and  People 
within  our  Gates  be  fitppiied  of  an  ^ble  and  faithful  Mimfler  of  Gods 
Holy  Word; 

Be  it  therefore  Ordered  and  Ena(fled  by  this  Court  and  the  Autho- 
rity thereof.  That  the  County  Courts  in  their  refpccfiive-precinOs,  do  di- 
ligently and  carefully  attend  the  ex£cution  of  fuch  Orders  of  this  Court, 
ES  concerns  the  maintenance  of  the  Miniflry,  and  the  purging   of  their 
Towns  and  Peculiars  from  fuch  Miniftry  and  publick  ptcach:'rs  as  (ball  be 
rrovifion  for  .in  found  vicious  in  their  lives,  or  pernicioufly  Hetrodox  in  their  Do^rine; 
DbicMiniftrj.     ^j^j  f^^  ^^jj  pj-j^es  deftitutc  of  an  able  and  faithful  Mimftry,  that  they  ufe 
their  beft  endeavour  for  the   procuring  and  fetiing  of  fuch  faithful!'  La- 
bourers in  Gods  Vineyard,  and  that  the  charges  of  their  procuring,  and 
fetiing,  be  levyed  on  the  Inhabitants,  as  the  Lew  for  maintenance  of  Mi- 
nifters  direfts-  and  that  for  the  future  there  may   be  no  ncglc(ff  hereof; 
the  Prefidents  of  each  County  Court,  Hiall  duely  from  time  to  time  give 
it  in  charge  to  the  Grand-juries  of  their  refpetftive  Courts,  to  prefent  all 
abufcs  and  neglecfts  of  this  kindc,  and  that  with  all  care  and  diligence  the 
fame  be  redrefled,  that  fo  the  Name  of  the  Lord  our   God  being  known 
in  our  dwellings,  and  exalted  in  our  gate?,  he  m.ay  flill  delight  in   us,  to 
continue  his  favourable  prefence  with  us,  and  our  unparalcld  enjoyments 
both  temporal  and  fpiritual,  which  through  the  rich  mercy  of  God  in 
Chrift  hitherto  we  have  enjoyed,  and  not  be  provoked  through  our  pro- 
phane  flightings  and.defpifirg  thereof,  to  bereave  us  and  our  pofleiities  of 
fuch  choice  Mercies.     [  /dtfo.  J 


W^ 


^Hereas  the  Chy'tfiian  Magijlrate  is  hound  ly  the  Word  of  God  iopre- 
fervc  the  Peace,  Order  or  Liberty  of  the  Churches  of  Chrijt,  and  by 
all  due  means  to  fromote  Religto7i  in  1)oar;ne  and  Difcipline,  according  to  the 
Word  of  Cod ;  and  whereas  by  our  Law,  tit.  Ecclefsajtical,  St€\..  4. 
Choice  ofc ha rcb  ^t  's  Ordered  and  Declared,  that  every  Church  hath  free  liberty  of 

Officers.  Calling,  EIc(flion  and  Ordinatioi;  of  all  her  Officers)  from  time  to  time, 

provided  they  be  able,  pious,  and  Orthodox :  For  the  better  explanation 
of  the  faid  Law,  and  as  an  addition  thereunto,  this  Court  doth  Order  and 
Declare,  and  be  it  hereby  Ordered  and  Ena(fled,  that  by  the  Church,  is 
to  be  meant,  fuch  as  are  in  full  Commumon  onlyj  and  that  the  teaching 
Officer  or  Officers  of  fuch  Church  or  Churches,  we  do  intend  fhati  be'che 
Miniftcr  or  Minifters  to  all  the  People  in  that  Town  where  fuch  ChurcK 
or  churches  are  planted ;,  and  that  no  inhabitant  in  any  Town  fhall  chal- 
lenge a  right  unto,  or  aft  in  the  Calling  or  Election  of  fuch  Officer  or 
Miniftei-,  until  he  be  in  full  communion,  upon  the  penalty  of  being  ac- 
counted a  difturbcr  of  peace  and  order,  and  to  be  punifhed  -by  the  Court 
of  that  Shire,  either  by  Admonition,  Security  for  the  good  Behaviour,  Fine, 
or  ImprifcriFnant,  siccordins  %o  the  c.^aliiy  and  degre  of  the  offence. 


Eieclwns,  yj  7 


ELECTIONS, 


TT  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  for  the  year  ^'./iion  by  tn- 

ly  chufing  of  Afilftants,  the  Freemen  (hall  ufe  Indian  Corn  and  Beans,  Jicnccmjiu 

':he  Indian  Corn  to  manifeft  Ele(ftion,  the  Beans   contrary ;   and  if  any  ""'" 

Freeman  fliall  put  in  more  then  one  Indian  Corn  or  Bean,  for  the  choice  Na-.?  bur  rrp»- 

or  refufal  of  any  pubhck  Oflicer,  he  (hall  forfeit  for   every  fuch   offence,  ""<"  ^°  p"'  '" 

ten  pounds^  and  that  any  man   that  is  not  free,  or  hatn  not  liberry  of  '""'^' 
voting,   putting  in  any  vote,  fhall   forfeit  tho  like  fum  of  ten  pound r, 

2.  For  the  frcrent'mg  many  imonvemcytcet^  that  otherwife  *nay  acife 
upon  the  yearly  day  of  Ekffion,  and  thai  the^  rrork^of  that  day  may  he  the 
more  or  duly  ^  eaftiy  end  fpcedily  ij^ued-^ 

It  is  Ordered  by  tins  Court  and  the  Authority  thereof  j  that  the  Frecr  ^ll^']^ iH^J'* 
men  of  this  Jurifdidtion,  which  (hall  not  pcrfonally  appear  at  "Bcjlon,  to  *^" '  ^' 
give  in  their  votes  on  the  day  of  Elc(flion,  fliall  and  may  in  their  fceral 
Towns,  from  time  to  time  give  in  their  votes  for  Eleiftion's,  befcrc  their 
Deputy  and  the  Conftab'.e,  who  fliall  take  them  srd  Seal  them  up  in  dt- 
Itinift  papers,  and  fend  thc:n  to  the  Court  of  ElccftionSp  all  the  A/^iiiantK 
to  be  chofen  by  Indian  Corn  and  Beans,  as  abovefaid. 

The  Governour,  Deputy  Govcrnour,  Major  Genera',  Trcarnrcr,  Se-  Eicftocoveni 
Cfctary,  and  CommilTioners  of  the  United  Colonics,  by  wrigluing  the  tttt>yfsfei 
names  of  the  pcrfons  EtecTled,  in  papers  open,  or  once  fouldcd,  noc  twi- 
lled nor  rowled  up,  that  they  may  be  the  fooncrpcrufcd.  And  fuch  fumll 
villages  as  fend  no  Deputies,  the  Conftabfe  thereof,  witii  two  or  three  of 
the  chief  Freemen  (h?.li  receive  the  votes  of  the  reft  of  rh.e  Freemen,  and 
deliver  them  together  with  their  own  fcaled  up,  to  the  Deputy  of  the 
hext  Town,  who  fliall  carefully  convey  the  fame  unto  the  faid  Court  nf 
Eledion.     [  /<#-*;.  J 

3.  Foraftntich  (is  the  choice  of  y^jfijfflvls  or  ^J^n^ipr^tfi  yearly,  is  of  L.2. p.  10. 
great  concernment,  and  with  all  care  and  cWcumfpefiion  to  be  attended; 

It  Is  Ordered  by  this  Court  and  the  Authority  thereof,  that  the  Con- 
{lab'cs  of  every  Town  within  this  Jurifdtflion,  fhall  cnll  together  all  their 
Freemen     feme  day   in  the   fecond   week  of  the  fnft  Wonih   yearly  to  J.s^p  1  s- 
give  in   their  votes  in   diHinil-   papers  for  fuch   perfons  (being  Freemen 
and  refident  within  this  JuVirditflion,  as  v/ell  the  Magiftrates  m  prefrnt 
being  as  others)  whom  they  defire  to  have  chofen  for    MaeiArates  or  Af         .    ,        , 
intants   at  the  next  Court  or  Eie^on,    not    exceeding    the  number  or  MagiHr.tcf  w 
eighteen,  and  no  Freeman  /hall  put  in  above  one  vote  for  one  perfor*,  un-  Towm. 
diii  the  penalty  of  ten  pounds  for  ever/ "offence. 

And  the  faid  Freemen  (fo  met  together)  or  the  major  part  of  them, 
fhall  then  and  there  appoint  one  to  carry  their  votes  fealed  up   unto  their   v<?  J^- 
Shire  Towns,  upon  the  laft  fourth  day  of  the  week  in  the  firft  Month  fol- 
lowing, at  twelve  of  the  clock  from  nmc  to  time,  which  perfons  for  each 
Town  fo  alfemblcd,  fhall  appoint  one  of  themfeves  as  a  Commiffioner  of 
each  Shire,  to  carry  them  to  Bojlon  the  fecond  third  day   of  the   fecond  io^Z^^n"'" 
Month,  there  to  be  opened  and  perufed  in  the  prefcncc  of  one  or  two  Town, 
Magiltiatcs  (if  ticy  W  in  Town)  if  ochetwife,  by  thofe  perfons  thit 

I  2  bro'jght 


48 


Eledions. 


brought  them  at  the  Court  Houfe  in  Bofiofi,  or  fuch  other  place  as  the 
Conimiffioner  of  Svjfoih  fhall  appoinr  j  and  thofe  eighteen  that  have  moft 
Votes,  (hall  be  the  men  ( and  they  only)  which  fhali  be  nominated  at 
the  Court  of  Eledion  for  IVlagifll-atcs  or  i^fTifhnts  as  aforefaid,  and  the 
faid  Commiflioner  of  each  Shirc,  fhall  forthwith  fignifie  to  the  Conflab)e 
of  the  fcveral  Towns  uiihni  their  County,  in  wngTiting  under  their  hands, 
the -names  of  thcfe  eighteen  pcrfons  aforefaid,  all  which  the  Corrftable  ia 
each  Town  fhall  timely  iignihc  to  iheir  Freemen.  And  as  any  have  more 
Votes  then  other,  fo  fhall  they  be  nominated  for  Ele^ion,  except  fuch  of 
the  eighteen  who  were  Magiftrates  the  year  before,  who  fhall  have  prece- 
dency of  all  others  in  nomination  on  the  day  of  Eledion.  And  if  any 
perfon  be  trufted  in  this  Order,  fhall  I'ail  iu  the '  difchaj'ge  of  their  truft, 
Ihall  forfeit  ten  punds,     [_  i64p.  J 


CommiCiontr  of 
ilie Shire  toie. 
lurn  the  names 
of  the  peffon* 
rominatfd  to 
iheConHibiei 

Old  Magrdr^tes 
to  beFi:(l  put  to 
Eleflion. 


4.   It  is  Declared  by  this  Court,  to  be  the  conllant  liberty  of  the 
Freemen  of  this  Junfrlidion,  to  chute  yearly  at  the  Court  of  ElcAonout 
of  the  Freemen,  ail  the  General  Officers  of  this  j".infdi<nion,  and  if  they 
pleaie  to  difcharge  them  at  the  Court  of  Ele6ion,  by  way  of  Vote,  they 
rreemen  to        "lay  do  it  without  fbcwing   caufc-  but  if  at  any  other  General  Court, 
choCe  3(1  gfre-    ve  hold  it  due  Juflice  that  the  reafon  thereof  be  allcadged  and   proved. 
til  officfTi        gy  General  Officers  wc  mean  our  Covcrncur^  Deputy  Coverttour^  Apj'lantSy 
Treajurer,  Major  general,  jSdntirol  at  Sciy   Cmmiijjioyierr  fur  the   Vnited 
Colonies,  Secretary  of  the  General  Court,  and  fuch  others  as  arc,  or  hereaf- 
ter may  be  of  like  General  nature,     j^  164/.  2 


Perlbns  exempt 
{Vom  voting  in 
BleiSiotJi 


WHercas  it  is  found  by  experience,  that  there  arc  many  who  are  Inha- 
b7tmts  cf  this  Jufifcl/Own,  who  are  Fntmies  lo  all  Covertjmctit,  Civil 
end  Ecckfiajlical,  who  vpil{  not  yield  Obedienee  io  ty4idhor>ly,  hut  mabe  it 
mifch  cf  Iheir  Religion  to  he  m  oj^fcfiiiun  thereto^  and  refift  to  hear  yhms 
under  others,  who  noirvithfrandin^  combine  to£c'thfr  in  fome  Towns,  and  mak? 
Fartiis  JuHable  10  their  defjgneSy  in  Eleilwn  cf  fueh  ftrjvns  ctcaimg  to 
their  ends ; 

It  is  therefore  Ordered  by  this  Court  and  the  Authority  theicof,  that 
all  perfons,  i^uakcrs  or  others,  which  rcMe  to  attend  rpon  the  publick 
Woifhip  of  God  here  Eflabhfhed;  that  all  fuch  pcrfons  .whether  I reemen 
or  others,  afting  as  aforefaid,  (hall,  and  hereby  at«  made  ijncapablc  of 
Votir^g  in  all  civil  Aflemblics  during  thoir  obfiinate  pci-fifling  in  fuch 
wicked  waycs  ancl^oui  fes,  and  untif  cei  tificale  be  givcri  of  their  Refor. 
mation. 

And  it  is  further  Ordered,  that  all  thofe  Fines  and  Mulds  of  any  fucli 
Delinquents  as  aforcfaio,  which  are  rot  gathered  nor  paid  to  the  feveral^ 
'ircafiircrs  of  the  Counties,  as  alfo  what  Fines  fhall  be  laid  on  them  for 
the  future,  fhall  be  deliycrcd  by  the  Order  of  the  County-Ticafurers  re- 
fpefiivcly  to  the  Selcd  men  of  the  fevcral  towns  whcreunto  ihey  bclonj^, 
to  be  by  them  improved  for  the  poor  pf  the  Town. 


^fcheais. 


Lfcbeats.     Fanns,     Fairs  and  Markets.  49 


SSCBIATS. 


JT  is  Ordered  Tjy  this  Court  and  tTic  Autliority  tliereof,  that  where  no 
Heir  or  ownes  of  Houfes,  Lands,  Tenements,  Goods  or  Chattels  can  be 
found,  they  ihall  be  feized  to  the  publick  Trearury,  till  fuch  Heirs  oi" 
Owners  fhall  make  due  claim  thereto,  unto  whom  they  ftiall  be  reftored 
upon  juft  and  icafonable  tearms.    \_  1646.  J 


TARjMS. 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  all  farms 
which  are  wit  lin  the  bounds  of  any  Town,  (hall  henceforth  be  of  the 
fame  Town,  in  which  they  lye,  except  Meadford.    \_1641.'] 


Jalrei  and  Markets. 

IT  is  Ordered  by  the  Authority"  of  this  Court,  that  there  ihall  henceforth    d  a  ^ 
be  a  Market  kept  at  Bojlon  in  the  County  of  Suffolk.^  upon  the  fifth      "^     ' 
day  of  the  week  from  time  to  time. 

And  at  Sakm  in  the  Counry  of  €px,  upon  the  fourth  day  of  the  week   SaUm, 
from  time  to  time. 

And  at  Lyn  on  the  third  day  of  the  week  from  time  to  time.  Lyyt. 

And  at  Charljlown  in  the  County  of  Middlesex  upon  the  fixth  day  of  Cha.rhtcm. 
the  week  from  time  to  time. 

It  is  alfo  Ordered  and  hereby  Graunted  to  Softai  aforefaid,  to  have 
two  Fairs  in  a  ycar^  on  the  firft  third  day  of  the  third  Month,  and  0:1 
the  firft  third  day  ot  the  eighth  Month,  from  year  to  year  to  continue 
for  two  or  three  dayes  together. 

Alfo  to  Scikm  aforefaid,  to  have  two  Fairs  in  a  year,   on  the  laft 
fourth  day  of  the  third  Month,  and  the  laft   fourth  day  of  the  feavcnth    L.^.p.p, 
Month  from  year  to  year. 

Alfo  to  watertorvn,  in  the  County  of  AftJdlefex,  two  Fairs  in  a  year,   yfratcrtorfJi 
on  the  firft  fixth  day  of  the  fourtli  Month,  and  the  firll  fixth   day  of  the 
feavcnth  Month. 

Alfo  to  Dorcheflety  in  the  County  of  Suffolk^  two  Fain  in  a  year,  00 
the  fourth  third  day  of  the  firft  Month,  and  the  laft  fourth  day  Oi  tho 
eighth  Month,  from  ^car  to  year.     \_  16,' j,  j4)3'fi  3S,  ■j(f.  J 


K  ferries. 


50  Ferries. 


FERRIES. 


1"^  O  F  fettling  all  common  Fenlts  ma  right  courfe^  beth  forthe  Pajfenien 
.  and  Owner i  j 
Mm  fr.-jpars  It  is  Ordered  by  this  Court  and  the  Authority  thereof.  That  whofo- 

mvMBoaii  '''^"^  ^'^^  '^^'•'^  ^  Fcrry  granted  upon  any  paflagc,  fhall  have  the  fole  liberty 
for  tranfporting  PaiTengers,  from  the  place  where  fuch    Fen-y  is   granted, 
to  any  other  Fcrry  place,  where  Ferry  Boats  ufe  to  land  ^  and  any  Ferry 
Boat  that  fnall  land  Palfengers  at  any  other  Ferry,  may  net  take  Paflcn- 
L  2.^.7'       gers  from  thence,  if  the  Fcrry  Boat  of  that  place  be  ready  j  Provided  this 
Order  (hall  not  prejudice  the  liberty  of  any  that  do  ufe  to  pafs   in  their 
own  or  neighbours  Cannoos  or  'Boats  to  their  ordinary  labour  or  bufincfb-. 
But  no  Ferry  man  fhall  carry  over  the  water  any  Paflengers  in  a  Cannoo, 
focaTry"^r!'can-  ^^^  in  Cafe  of  neccfTity,  and  upon  his  own  dcfirc,  under  the  pain,  of  fo'-- 
noos  fciture  of  the  Cannoo  or  the  value  thereof  to  the  Trcafury. 

And  at  IVcj  mouth  Fary,  every  fmglc  perfon  fliall  pay  for  nis  Pallage 
tv/o  pence. 

And  all  Ferry  men  are  allowed  to  take  double  pay  at  all  common  Fer- 
ries after  day  light  is  done,  and  thofe  that  make  not  prefent  pay,  being; 
required,  fhall  give  their  names  in  wrighting,  or  a  pavv'n  to  the  Ferry 
men,  or  elfe  he  may  complain  of  any  fuch  to  a  Magiftratc  for  fatisfa- 
(ftion. 

And  it  is  Ordered,  that  all  Magiftratcs,  and  iuch  as  are,  or  from  time 

Magiftrsies  ana   to  time  (liall  bc  choien  Deputies  of  tiie  General  Court,  with  their  neccf 

Dt^puiies  ao  pafs  ^-^^.^  attendance,  viz..  a  Man  and  a  Horfe  at  all  times,  during  the   time  oj 

their  being  Magiftrates  or  Deputies  (but  not  their  Families)  ihall  be  Paf 

fage-frce  over  all  Ferries,  that  pay  no  Rent  to  the  Country. 


2. 
Ferries  ■ 


(>y4nd  fcr  the  preventing,  of  danger  in   the    P'yjing   at  Common 

It  is   Ordered,  That  no  perfon  (li?.!!  prefs  or  enter  into  a  Fcrry  Boat 
1°"Vl°rr  boat  contrary  to  the  Will  of  the  Ferry  man,  or  of  the  moft  of  the  Paflengers  (n^ 
withoin^^"'  entrcd  upon  pain  of  ten  JlrJlings  for  every  fuch  attempt. 
'm  Jiftrat  "'dc-       And  that  every  Fcrry  man  that  fliall  permit  or  allow  any  perfon  to 
puritsor  Elders  ccmc  into  his  Boat,  againC:  the  v/ill  of  any  of  the  Magiftrates  or  Deputies 
or  any  of  the  Elders  Ihippcd  in  fuch  Boat,  or  the  greater  part  of  the  Pal 


fengers  in  the  faid  Beat,  fha'.l  forfeit  for  every  perfon  fo  admitted  or  re-. 
ceivcd,  againft  fuch  their  will  fo  declared,  the  fiun  of  twenty  (Inllings. 

And  it  tl'.all  be  in  the  power  of  any  of  the  Fcrry  men,  to  keep  out,  or 
put  out  of  his  Boat,  any  pcrfcn  that  fhall  prefs,  enter  into,  or.ftay  in  any 
fuch  Ferry  Boar,  ccrtrs.ry  to  this  Order. 
Men  pars  a 5  they  And  it  is  futthcT  Oidcicd,  that  all  perfons  Hiall  be  rcceivea' into  fucn 
pubTi:fep'X.s.  ^^'•'7  ^°^^5  according  to  their  ccmcing  firft  or  laft,  only  all  publick  per- 
fons, or  fuch  as  go  upon  publick  or  urgent  cccafions,  as  Pbyfitians^  Cby- 
Yurgcons  and.  nJMidwtres.,  and  fuch  other  as  arc  called  to  W.omcns  Labours_, 
fuch  fliall  be  tranfported  with  the  firft.     [  i£4i^44-,'!^:,47.'\ 


£i»est 


lines.    Fixing.  ^  i 


FINES. 


tT  is  Ordered  by  this  Court  and  Authority  {hereof,  that  every  OfTender  X.  /•^  3^- 

.1  fined  fer  the  breach  of  any  Penal  Law,  fhall  forthwith  pay  bis  or  their 

Fine  or  Penalty,  or  give  fecurity  speedily  to  do  it,  orbc  mprifoped,  or  kept  to  pre'feiluy'  *"" 

■work  till  it  be  paid,  unlefc  the  Ccurt  or  Judge  that  irrpofed  the  Fins.-,  fee 

caufe  to  Tcfpite  the  fame;  And  in  ail  Courts,  where  any  Fine  or  Fines  or  ^•'•^'  ^' 

other  Sums  of  Money  fhall  be  afleffed  or  received  ■■,  And  aifo  when  any  clerk  to  rcivm 

Magiftrate  or  Ccmn!ilTioncr,  iliall  afTds  .''ny   Fines,  or-  rarcive  any  Sum,  f',afll^',l°  "" 

for  the  ufe  of  the  Country,  by  virtue  of  any   peaal  Order,  the  SecYetmy  locrtctn  d»yts 

or  Clerk,  of  each  Court,  and  every  fvich  Magill  ate  and  Conimi/r»oner,  fhall 

within  fourteen  d^yes,   end  a  Tranfaipt  or  Note  of  the  faid   Fines  and  ■^•'•P- -*■'• 

other  dues  to  the  Trcafurcr  of  the  Country  or  County  to  whom  it  doth 

belong,  who  fha!I  forthwith  give  warrant  to   the  Marftial  to  colle<fl  and 

levy  the  fame:  And  if  no  goods  can  be  found  to  fatisfiefuch  Fmc  or  other  M^m^ii  to  At- 

dues,  the  Mar(ha!l  (hail  Attach  the  Body  of   fuch  pcrfons,  and   impiiion   •"►"♦>*'«'^y 

them  ti'l  fatisfadion  be  made;  Provided  that  any   Court  of  Afliftants  or  ^i^T 

County  Court,  may  difcharge  any  fuch  perfon  from  impiifonmciit,if  they 

be  unable  to  make  fausfadioa.     [_  /fi^S,  ^6.] 


jpiri»s    ctni    Burning. 


IT  is  Ordered  by  this  Court  and  Authority  ttereof,  that  whofoever  fhaJT  riir^oFpTOBnd 
kindle  any  Hrcs  in  ihc  VVoods,  or  Groiimls  lying  in  Common^  o'  in-  '^'i'^  Jjl"'')!.^ 
c.olcd,  fo  as  tiTe  (cmc  Ihall  run  into   Corn   grounoa  or  Inclo/bres   be. ore 
the  tenth  daj  of  the  fitft  Month,  or  after  the  laft  of  the  fecond  Month," 
or  on  the  laft  day  of  the  Week,  or  on  the  1  ords  day,  fhall  pay  ail  da« 
mages,  and  half  fo  much  for  a  Fine,  or  if  not  sblc  to  pay,  then  to  be 
Corporally  puniflied,  bv  warrant  from  one  Magiftrcte,  or  the  next  County 
Court,  as  the  offence  fhall  deferve,  not  exceeding  tvcetity  Jtr'-^^i  for  one 
ofTencc.     Provided  that  any  man  may  kindle  fire  in  his  own  ground  fo  as 
no  danger  come  thereby,  cither  to  the  Couiitry  or  to  any  particular  per- 
fon; and  whofocver  fhall  v.'ittinp;iy  and  willingly  burn  or  deRroy  any 
Frame,  Timber,  Hewed,  Sawen  or  Riven  Heaps  of  Wood,  Charcoal,  Com, 
Hay,  Straw,  Hemp  or  Flax,  he  fh.all  pay  double  damages. 

2.  Whereas  fome  dwelling  Houfes,  gnd  cthir  f/oufes  within  this  Jurifdi-  ^  <-..  0,;/. 
ilion,  have  been  fet  on  Jirty  and  the  means  or  occafn.n.  thertof  not  d'fcovervd^ 
though  fome  perfons  have  been  tehementty  Jufjieded  to  have  been  Injirttmental 
therein:  The  Ccurt  taking  into  (.onfidiratian  the  danger  of  fueb  a  vockcd 
prailtfe,  efpeciaUy  in  Towns  where  the  Hnufes  are  near  aJjoynin^^  and  there 
being  no  Law  yet  provided  for  the  pum[limc:it  nf  fo  bainous  a  crime; 

Doth  therefore  hereby  Order,  and  be  il  Eneided  by  the  Au:ho:itv  of 

K'rJ  'this 


Ji  Fif}.     Fifiermen. 


th  is  Court,  that  any  perfon  or  pcrfons  whatfocvcr,  of  the  age  of  fixtecn 
ycais  and  upward,  that  (hall  after  the  publication  hereof,  wittingly  and 
willingly  let  on  fire  any  "Sctrn^  Stcblr^  MtU^  cut  Houfej  Stacks  of  IVopd., 
Corn  cf  Huy^  or  any  other  thing  of  like  nature,  (hall  upon  dueconvi^ion 
by  tc(\imony  or  confefTion,  pay  double  damages, to  the  party  damnified, 
and  be  fcverely  whipt. 

Burning Houfts.  j\nd  if  any  perfon  of  the  age  aforefaid,  ihal!  after  the  publication  hceof, 
fittingly,  and  willingly,  and  fellonioufly,  fet  on  fire  any  DweUlng  HoufCj 
jMcetw^  fjoufey  Store  Houfe,  or  (hall  in  like  manner,  fct  on  fire  any  out' 
J-Joi'.fc^Barn,  Stahky  Leanto,  Stacl^of  Har^  Corn  or  IVood^  or  any  thing  of 
like  nature,  vhereby  any  Dwelling  Houfc^  Meeting  Houfe  or  Store  Hcufe^ 
Cometh  to  be  burnt,  the  party  or  parties  vehemently  fufpe^cd  thereof, 
(hall  be  apprehended  by  Warrant  from  one  or  more  of  the  Magiftrates, 
.    ,  iind  comriiitted  to  Prifon,  there  to  remain  without  Bailc,  till  the  next  (.  ourt 

capta  .  ^j-  y^,-f,f\m,j5^  ^ho  upon  legal  conviction  by  due  proof,  or  confefTicn  of 
ihc  Crime,  fhall  adjudge  fuch  perfon  or  perfons  to  be  put  to  death,  and  to 
forfeit  to  much  of  his  Lands,  Goods  or  Chattels,  as  (hall  make  full  fatif- 
fadlion,  to  the  party  or  parties  damnified.     \_  i6j2.] 


f'l^i.     Fijhermeff, 


Wf/creds  it  hath  been  a  cup  erne  for  frreign  Fijlrrnun  to  make  ufe  of 
fjch  /^arbours  and  Grounds  m  tkt  Ccunt>y,  as  have  not  been  Inha- 
bited by  Englifh  men-,  and  to  take  Timber  and  [Vo'd  at  thetr  flcafure  for  all 
their  occafons,  yet  m  thefe  farts  which  are  ni.w  {ofeljed,  and  the  Lands  dtf- 
pcfed  m  prvfrleties,  unto  feveral  Towns  and  Pcrjuns,  by  the  Kings  Craunt, 
under  the  great  Seal  of  Sngland ., 
Re^eaUd.  It  is  Declared;  That  it'is  not  Lawful!  for  any  Perfon,  either Fi(her-man 

tas  1.1 6^  I'  or  other,  either  Forreigncr  or  of  this  Country,  to  enter  upon  the  Lands  fo 
'  ^'  '  appropriate  to  any  Town  or   Perfon,    or   to   take    Wood  or  Timber  in 

any  fuch  place,  without  the  Licence  of  fuch  Town  or  Proprietor,  and  if  any 
perfon  lliall  Trelpafs  herein,  the  Town  or  Proprietor  fo  injured,  may  take 
their  remedy  by  aft  ion  at  Law,  or  may  preferve  their  goods  or  other  in- 
ttrefl,  by  oppofing  Lawfull  force  againft  luch  unjuft  violence;  Provided 
tf'at  it  fhall  be  lawfull  for  iuch  Filhe  men  as  (hall  be  implryed  by  any 
Inhabitants  of  this  Jurifdicffion,  in  the  feveral  feafons  of  the  year,  to  make 
vie  of  any  of  our  Harbours,  and  fucli  Lands  as  ate  near  adjoyning  for  the 
drying  of  their  Fifh  or  other  ncedfiil  occaGons,  as  alfo  to  have  fuch  Tim- 
ber and  Fire  wood,  as  they  fhall  have  necdfary  ufe  of  for  their  fi(huig- 
fea'ons  where  it  may  be  (pared,  io  ai  they  make  due  fatisfadion  for  the 
fame  to  fuch  Town  or  Proprietor.     [  1646.  ^ 

2.    whereas  much  Damage  hath  crfen  to  Merchants  trading  hencCy  by 

had  n^akjng  nf  Fijh,  and  the  credit  of  ouf  Tiade  therein  hath  much  fuffered- 
.  It  is  therefore  Ordered,  That  at  every  fifhnig  place  within  this   Jurifdi- 

''■'"''  c'lion,  fomc  difcreet  and  honcft  perfon  be  appointed  by  the  County  Court, 
uiuo  which  fuch  Fifhing  place  doth  bcloogj  and  thofc  pcrfons  fo  nominated 

and 


10 


Fi,jh.    Fifhcrmen,  j  j 


Srorn    viewers 
of  Ti(h   at    til 


and  appointed,  are  by  this  Court  impowred  to  give  Oath  unto  fuch  pcr- 
fons  as  fliaJl  be  chofen  by  the  deliverers  and  receivers  of  any"  Fifli,  who 
have  Ubetty  hereby,  either  of  them,  to  chufe  one  or  more  fufficient  know- 
ing men  in  fuch  cafes,  to  view  what  Fifh  is  delivered  and  received^ which 
viewers  fhall  be  fworti  as  aforefaid,  and  what  they  approve  of  as  Mct'-  FiOjing yfttci 
chantable,  the  receiver  fhall  accept,  and  what  is  Refufe  Fifh  fhall  be  call 
by,  and  the  faid  viewers  for  their  labour  and  pains  aforefaid,  fhall  he  al- 
lowed owe  penny  per  ^ijintal  for  fo  much  Merchantable  Pifh  as  he  or  they 
fhall  view,  to  be  paid  one  half  by  the  deliverer,  and  the  other  half  by  Ihe 
receiver : 

^nd  for  further  diredioh  to  the  viewers'  in  tryal  of  Pijh  j 
It  is  hereby  Ordered,  That  all  Sun  burnt,  faltburnt  and  Dry  Fi(h,  that 
iMh  been  fitft  pickled,  fhall  be  judged  un-Merchantable. 


FOr  the  Explanation  of  an  Order  bearing  date,  ;646.  andtheKepealing  T-ithcrmCTs  i;- 
of  the  fame,  id 6?  For  giving  a  liberty  to  Fifhcrmen,  according  to  a  fuKsr^uUted 
Rcfcrvation  in  the  Patent,  to  cut  down  Wood  for  Flakes  or  Stage  and 
other  ufcs  about  their  Fifhing  imploy,  that  it  is  intended  only  in  that  Or- 
der to  give  liberty  to  fuch  as  are  Sfrangers,  and  come  only  to  make  Fifh- 
ing Voyages,  and  not  to  Fidiermen  that  are  Inhabitants,  v/ho  are  not  to 
trefpafs  upon  any  perfon  in  their  propriety,  but  are  liable  to  make  fatis. 
facfiion  with  damages  as  in  any  other  Action  of  Tre  pafs,  no  way  re- 
ftraining  Fifhermcn  in  Common  Lands,  any  Law,  Cuflome  orllfagctothe 
conttarv  notwitbilandmg. 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  no  man  (hzU 
henceforth  kill  any  Cod  fifh,  Hake,  Hadduck  or  Pollock,  to    be  dried 
for  fale  in  the  Mor.rh  cf  December  or  famuvy,  bccaufe  of  their  fpawning 
time,  nur  any  Mackrell  to  Barrel  up  in  the  Month  of  A{/ty  or  June,  un-  Kondito  be 
dcr  penalty  of  paying  fve  fliillm^s  for  each  Quintal  of  FiCh,  and  Fsve  fhtl-  '«'"''  '"'"•i  ""J' 
lings  for  each  Barrel  of  Mackrell;  nor  fhall  any  Fifhe  man  eait  the  Gar-  6°^°^p»"'- 
tjgc  of  the  Fifh  the  catch  overboard  at  or  near  the  Ledges  or  Grounds 
where  they  take  the  Fifh;  nor  flial)  any  of  the  Boats  crew  refufe  or  ncg- 
3ec"t  to  obey  the  Order  of  the  Mafler  of  the  VcfTel  to  which  they   belong, 
for  the   times  and    feafons  of  Fifl-iing;    nor  ffiall  they  take  or    drink 
any  "more-  Strong  Liquors  then  the  Mafler  thinks   meet  to  permit  them: 
the  breach  of  thefe  three  lall  being  under  the  penalty  of  Twenty  fhillmgs 
l"cr  the  firil  OtTencc^   for  the   fecond  forty,  fiy't limp  \   for -the  third  thrte 
Afonth  Imprifcnment^  cnc  third  part  of  the  afotqfaid  Fmes  vo  the  Infor- 
mer proving  the  fame.     \_  i66i.'\ 


*^His  Court  hehtji  infortneJ^  th^t  the  takni^  of  c^fackytlat  u*ifi>sfoH.ib(e 
1    limes  do  grcatlj/  dnnmijh  their  inoeafe,  and  will  in  the  iffue  tend  to  [bo 
fpcil  of  the  Trade  Ihcrecf-,  "" 

I.  Da 


ya.  fiflt.     Farmery,     fornication. 


Do  Order  and  Enact,  That  henceforth  no  Mackrcll  fhall  be  caught. 
To  prevent  da-  gxccpt  for  fpcnding  whilft  frcfh,  before  the  firft  of  ^u}y  annually,  on  pc- 
foMbie"  ^niing  nalty  of  the  lofs  of  the  fainej  the  one  half  to  the  Infotmtr,  and  thcoihec 
of  Mackrci.         j^^jf  jq  the  ufe  of  the  Country.     And  any  Magiftrate  or  County  Court  is 

impowrcd  to  ad  herein  to  all  intents  and  purpoles,  for  the  execution  of 

this  Law. 

WHcreas  by  the  hleffmg  of  Cod.,  the  Trade  of  Ftflnng  hath  htoi  advaH' 
tagious  to  this  Country,  which  is  like  tu  be  much  trnpatred  by  the  ufe 
of  Turtooda  s  Salt^  which  leaves  fpots  upon  the  Fjfl.,  by  rcafon  of  Shells  and 
Traf)  in  it  :  For  prevention  thereof-^ 
t%l'hpl^'i  This  Court  doth  Order,  and  be  it  hereby  Enadcd,  That  all  fuch  FilK 
Fifh  wit'i  T<"-  that  IS  falted  with  Turtooda's  Salt,  and  thereby  fpottcd  as  aboveraid,  fhall 
not  be  accounted  for  Merchantable  fifli :  and  all  I'worn  Cullers  of  Fifh  are 
heteby  required  to  have  fpeoial  regard  to  the  fulfilling  of  this  Order,  any 
Law  Or  Cuftome  to  the  contrary  notwithftanding. 


FORGERT. 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  if  any  per- 
fon  (liall  forge  any  Deed  or  Conveyance,  TeOament,  Bond,  Bill,  Re- 
leafc.  Acquittance,  Letter  of  Attorney,  or  any  Wiitcihg,  to  pervert  Fqui- 
ty  and  luftice^  he  fhall  ftand  in  the  Pillory,  three  feveral  LeClure  dayes, 
and  render  double  damages  to  the  party  wronged,  and  alfo  bcdifabled  fco 
give  any  Evidence  or  Veidiit  to  any  Court  or  Magi/trate.    [  /^^(J.  J 


FORNICATION. 


I 


T  is  Ordered  by  this  Court  and  the  Authority  thereof-,  That  if  any 
_.  man  Commit  Fornication  with  any  fingle  Woman,  they  fhall  be 
punifhed,  either  by  cnjoyning  Marriage,  or  Fine,  or  Corporal  pimiflinient, 
or  all,  or  any  of  tdefc,  as  the  judges  of  the  Court  that  hath  Cognizance 
of  the  Caufe  fhall  appoint.     [  id^j-^.^ 


T 


Here  'being  a  fccming  oontradi{fion  betwen  the  Laws  tit.    Fornication, 
and  tit.  Filniflimcnt  -^ 

This  Court  doth  Declare,  That  the  former  referring  to  a  particular 
Crime,  a  fhameful  Sin,  much  incrcafing  atnongf^  uSj  to  the  great  difhonour 


Oi 


Fornication.       Freemen. 


of  God,  and  our  profefTion  of  his  Holy  Name,  me  punifhment  of  that  Sin 
fliall  be  as  is  picfcribcd  in  the  faid  Law,  any  tliing  that  may  feem  to  re- 
{train  or  limit  the  fame,  contained  in  the  other  Law,  tit.  Punifhment,  not- 
withftanding,  And  in  cafe  any  perfon  legally  convided  of  that  or  any 
other  (hametul  and  vicious  Crmic,  be  a  Freeman  3  it  fhall  be  in  the  liber- 
ty and  power  of  the  Court  that  hath  the  proper  cognizance  thereof,  be- 
fides  any  other  Penalty  or  Panifhment,  to  addc  Disfranchifement  thereto. 


55 


WHereas  there  is  ci  Larv  provided  by  this  Court  for  pu):ipjifi£  of  For- 
nicators., hut  nothing  as  yet  for  the  eafmg  of  Towns,  whetc  Bcpnrds 
are  horn.,  in  regard  of  tht  poverty  of  the  Parent  or  Parents  of  fucb  ChU(irer% 
fometimes  appearing,  nor  any  T^jde  held  forth  touchmg  the  refuted  Father  of 
a  Bajlard  for  legal  eonviSiion ; 

It  is  therefore  Ordered,  and  by  this  Court  Declared,  that  where  any 
man  is  legally  convided  to  be  the  Father  of  a  Baftcrd  childe,  he  fliall  be 
at  the  care  and  charge  to  maintain  and  bring  up  the  frimc,  by  fucli  AfTi- 
fl-ance  of  the  Mother  as  nature  required:,  and  as  the  Court  from  tune  to 
time  (according  to  circumftances )  fliall  fee  meet  to  Order:  and  in  cafe 
the  Father  of  a  Baflard,  by  confclfion  or  other  inanifcft  proof,  upon  trial 
cf  the  cafe,  do  not  appear  to  the  Courts  fatisfaftion,  then  the  Man  char- 
ged by  the  Woman  to  be  the  Father,  ihee  holding  conllant  in  it,  (efpe- 
cially  being  put  upon  the  real  difcovery  of  the  truth  of  it  in  the  time  of 
her  TTravaii)  Ihall  be  the  reputed  Father,  and  accordingly  be  liable  to  the 
charge  of  maintenance  as  aforcfaid  (though  not  to  other  punifhment) 
notwithllanding  his  denial,  unlcfs  the  circumftances  of  the  Cafe  and  Pleas 
be  fuch,  on  the  behalf  of  the  Man  charged,  as  that  the  Court  that  haiK 
the  cognizance  thereof  fhall  fee  reafon  to  acquit  him,  and  olhcrwifcdifpofe 
of  the  Childe  and  Education  thereof  j  Provided  aKvaycs,  in  cafe  there  be 
no  perfon  accufcd  in  the  time  of  her  Travail,  it  fhall  net  be  available  to 
abate  the  ccnvidiion  of  a  reputed  Father  j  any  Law,  Cuflome  or  llfageto 
the  contrary  notwithflandiiig. 


TherepotoJ  P». 
iVt  of  i  BiDtid 
ic<rnjtaiain  it. 


Preemen.    T^jn  Freemen. 


'^\0  the  end  the  "Body  of  the  Freemen  may  bt  ptefcrVtd  of  honefi  and 
A.    good  men  5 

It  in  Ordered,  That  henceforth  no  man  fhall  be  admitted  to  the  Freo- 
dome  of  thi?  Ccnimcn  wealth,  but  fuch  as  are  Members  of  feme  of  the 
Churclies  within  the  limits  of  this  JurifdiOion ; 

eAnd  whereas  many   Members  of  Churches  to  exempt  themfchss  from 
pullich^fervice,  will  wot  come  in  to  be  made  Freemen , 

It  is  Ordered,  that  no  Members  of  Churches  within  this  j«rifdi{^ion, 
ihall  be  exempt  from  any  publick  fcrvice  they  fhall  be  chcrfen  to  by  the 
Inhabitants  of  the  fevcral  Towns,  as  Conftables,  Jurors,  Seleft  men,  Sur 
veighors  of  the  High-waycs,  and  if  any  fuch  perCon  fhall  refufe  to  ferve 
in,  or  take  upon  him  any  fuch  Office,  being  legally  chofen  thereunto,  he 
^  L  2  fhall 


j^  2.p.  e. 

Nontbnt 
CKurcS- members 
(obt  Frvcmciv. 


56 


Freemen. 


(hall  pay  for  every  fuch  refufal,  such  fine  as  the  Town  (hall  impofe,  oot 
exceeding  tvoenty  pii/linis  foe  one  offence.     {_  16^7- J 


^  ,  ,        <-p  //u  Court  having  confdered  of  the  prcpofals  prefcnted  io  this  'Court  ty^ 
Sepea>ea.  ^   feveral  of  the  Inhabitants  of  the  County  of  Middlejex-^ 

Do  Declare  and  Order,  That  no  Man  whofoever,  fliall  be  admitted 
to  the  Frccdome  of  this  Body  Politick,  but  inch  as  arc  Members  of  fome 
Church  of  Chnft  and  in  full  Communion,  which  they  declare  to  be  the 
true  intent  of  the  ancient  Law,  pa^e  the  eighth  of  the  fecond  'Booky  Anno. 
I  6  s  I.  [^       1660.^ 


l\ 


'N   ylyifrver  to  that  part  of  his  Majejiks   Lciter  of  June   2S.   1662.  cost- 

.  ccrn'mg  admiffwn  of  Freemen ., 

This  Court  doth  Declare,  That  the  Law  prohibiting   all   pcrfons,  ex- 
AdmTrtion  cf      ^       Members  of  Churches,  and  that  alfo   for  allowance  of  them  in  any 
County  Court,  are  hereby  Repealed. 

And  do  alfo  Order  and  EnacTt,  That  from  henceforth  all  Englifh  men, 
prefenting  a  Certificate  under  the  hands  of  the  Miniflers  or  Minifter  of 
the  place  where  they  dwell,  that  they  are  Orthodox  in  Religion,  and  not 
vicious  in  their  lives,  and  alfo  a  Certificate  under  the  hands  of  the  Seledt 
Men  of  the  place,  or  of  the  major  part  of  them,  that  they  are  Free  hol- 
ders, and  are  for  their  own  proper  eftate  (  without  heads  of  perfons) 
rateable  to  the  Country  in  a  fingle  Country  Rate,  after  the  ufual  manner 
of  valuation  in  the  place  u here  they  live,  to  the  full  value  of  ten  f})>lli:i£s,ot 
that  they  arc  in  full  Communion  v/ith  fomc  Church  among  usj  It  fliall 
be  in  the  liberty  of  all  and  every  fuch  perfon^  or  perfons,  being  twenty 
four  years  of  age,  Houfe  holders  and  fettled  Inhabitants  in  this  Jurifdi- 
ition,  from  time  to  time  to'prefent  themfclves  and  their  defires  to  this 
Court  for  their  admittanccj^tp  the  Freedomc  of  this  Common-wealth,  and 
fhall  be  allowed  the  priviledges' to  have  fuch  their  dcfire  propounded,  and 
put  (o  vote  ill  the  General'Cotirt,  for  acccptanceto  the  Freedome  of  the 
i'oAy  politick;  by,, the  fufteragelof^the  majur  part,  according. to  the  Rules 
of  our  PateiTt!     {_/i^6.}.2 


FOrcifynuch  as  feveral  perfons ,  who  from  time  to  time  are  to  he  made  Free- 
men  live.reinote,  and  are  not  able  vpsthout  great   Trouble  and  charge  to 
appear  befureithn  Court,  to  take' their  refpetlive  Oathes-^ 
CoumyCourtto  (t  is^thercforc  Ordered,  that  henceforth  it  Hiall  be  m  the  power  of 

li'/JI^l?"'"'^  any  County  Court  to  AdminiAer:"the  Oath  of  Freedome  to  any  perfons 
approved  of  by  the  General  Court,  who  (hall  defire  the^fame.  Any  Law 
or  Cudomc  ro.iJ:he 'contrary  notwithftanding,     \_j664.\ 


CdHo^ng 


Oano^ing  in  Bojlon  Streets.     Gaming  and  Dancing.  57 


CaUoftng  in  Bojlon  Jlreetr. 


Wtiereas  it  appears,  that  ytotnithjlatiding  fuch  whotfoy»e  Orders  as  have 
been  hlthenmto  made  by  the  Seled  men  of  Bofton,  provided  for  the 
refir&int  of  all  perfons  from  violent  Riding  in  the  flrcets  of  the  faid  Town : 
yet  neverthetcfsy  many  t^ke  the  liberty  and  boldnefs  to  (fallap  jTequrntly there- 
in, to  the  great  endangering  the  "Bodies  and  Limbs  of  many  .Perfcns  efpcci' 
ally  Children,  veho  are  ordinarily  abroad  in  the  flreets,  and  not  of  age  or 
dtferetibn  fuddenly  to  efeape  fuch  danger.  This  Court  havirg  ftrmijly  con- 
fidered  the  Premifes,  being  careful  to  prevent  a  pracitfe  that  js  like  io  he  of 
fuch  dangerous  cortfequence ^ 

Do   Order,  Tliat  no  perfor  wh^.tfocver,  (hall  after  the  pubHcatioii  Penalty  for  ojU 
hereof,  Gallop  any  Horfe  within  any  the  flreets  of  the  faid  Town,  upon   JI,°P^^  "^  ^°"'"' 
penalty  of  forfeiting  three  fhillmgs  and  four  pence   for  every  i\)ch  offence, 
upon  conviflion  before  any  one  Magiftrate  or  Commiffioncr  of  Boflon,  to 
be  paid  to  the  Treafurv  of  the  County  of  Sufoll^,  unlcC;  it  appear  on  ex- 
it earn  nccefTity. 


Coming  and  'Dancing. 


UPon  cofnplaint  of  the  diforders,  by  the  tfe  of  the  Games  of  Shuffle -hoard    r  ^^p^g^ 
and  Bowling,  in  and  about  fjoufes  of  Commolt-entertainment,  whereby 
much  precious  time  is  Jpent  unprofitably,  and  much  wafie  of  Wine  and  Beer 
cccajjened ; 

It  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  no  per-  K^  Gaming  to 
fon  fnnll  henceforth  ufe  the  faid  Games  of  Shuffle  board,  or  Bowling,  or   o^'"""'"- 
any  other  Play  or  Game,  in  or  about  any  fuch  Houfc. 

Nor  in  any  ether  Houfc  uftd  as  common  for  fuch  purpofc,  upon 
pain  for  every  keeper  of  fuch  Houle  to  forfeit  for  every  fuch  ofTcnee 
imntj  Jhilliii£s,  and  evcr^  pcrfon  playing  at  the  faid  Game,  &c.  in  or 
about  any  fucii  Hcufe,  fll^ll  forfeit  for  every  fuch  offence  five  fhiUmgs. 

Nor  fhall  any  perfon  nt   any  time   Play  or   Game  for  any  Money  or   NoCjming  for 
Money  v/crth,  upon  penalty  of  forfeitmg  treble  the  value  thereof,  one  half  "'°"^^' 
to  ihe  party  informing  and  the  other  half  to  the  Treafury ;   nor  fhall  any 
pcrfon  be  an  Abettor  to  any  kindc  of  Gaming  on  the  liki;  penalty. 

Nor  fhall  there  be  any  Dancing  in   Ordinaries  upon   any   occafion,  on   No  Doncicg  h 
the  penally  of  ilvc   (l^iUinps  for  every  per  on  that  (hall  oficnd ;  and  any   O'^'""'-'*' 
Magifliate  may  hear  and  determine  any  offence  againft  this  Law.  £  i6^e!, 
47,  J/.] 

For  preventing  disorders  arifing  in  feteral  places   within   this  furifdiiiion,      . 
by  reafon  offomeJliU  ohferring  fuch  Feftiv.ds^  as  were  Superflitwufiy  kept  in    •^•^'fS' 
other  Countrits,  to  the  great  difhonour  of  God  and  ojfcncs  nf  others  ; 

It  J5  therefore  Ordered  by  this  Court  and  the  Authority  thereof,  that 

M  who- 


^5  Here  fie     Error  ^ 


whofoever  fhall  be  found  obfcrving  any  fiich  day  as  Chriftmasor  the  like, 
Tensity  for  cither  by  forbearing  labour,  fcaiting,  or  any  other  way  upon  any  fuch 
keepioi;  chtia-  ^^,^Qy^j  ^s  aforclaid,  every  fudi  perfon  fo  offending,  fhall  pay  for  cvcty 
"**  fuch  offence  five  fillings  as  a  fine  to  the  County. 

jind  whereat  not  only  at  fuch  times  but  fcveral  other  times  alfo,  it  ts  a 
•^ujlorne  too  frequent  in  many  places,  to  expend  time  in  unlawful  Games,  as 
Cards  Dice,  &c. 

It  is  therefore  further  Ordered,  and  by  this  Court  Declared,  That 

f„'"' t'clrdi'l^na  after  publication  hereof,  whofoever  fhall  be  found  in  any  place  within  this 

ViCQ.  Jurifdi<!iion,  playing  either  at  Cards  or  at  Dice,  contrary  to  this  Order, 

(hall  pay  as  a  fine  to  the  County  the  fum  of  fve  fiillm^s  for  every  fuch 

offence. 


vv- 


■  Hsreas  the  great  fm  of  Gaming  incrcafeih  within  this^urifdiiiion., 
to  the  great  difjonour  of  God,  corrupting  of  Touth,  and  expend- 
of  much  precious  ttme  and  efiate:    for  the  preventing  of  which,  and  as  an  ad- 
dition to  the  Law,  tit.  Gaming,  &c. 
Penalty  for  This  Court  doth  Declare,  and  be  it  Ordered  by  the  Authority  thereof, 

caauPB-  'fi^^^  ^^.j^3j  perfon  or  perfons  foever,  fhall  bring  into  this  Jurifdic^ion  any 

playing  Cards  or  Dice,  or  with  whomfoever  fuch  Cards  or  Dice  be  found 
in  "his  or  their  Cuftody,  he  or  they  fhall  pay  as  a  fine  the  fum  oifvc  pounds,  the 
one  half  to  theTreafurer,  the  other  half  to  the  Informer :  But  in  cafe  any  fuch 
Cards  or  Dice  fhall  come  into  the  cuffody  of  any  perfon  without  his 
knowledge  or  confent,  he  fhall  carry  them  to  the  next  Magiftrate  orCom- 
miiTioncr  within  two  dayes  after  his  knowledge  of  them,  to  difpofe  of 
them  as  the  faid  Magiffrate  or  Commiffioner  fhall  fee  caufe,  any  fuch  per- 
fon fhall  be  free  from  the  penalty. 

And  if  any  perfon  that  hath  played  or  gamed,  and  fhall  give  Informa- 
tion thereof,  he  fhall  be  freed  from  the  penalty  of  the  Law  to  pay  tre- 
ble damage,  but  fhall  have  no  further  bcnifit  of  the  Law  by  his  infor- 
mation. 

And  alfo  any  fuch  perions  Teftimony  fhaU  bcgood  in  Law,  foroneTedr- 
i-nony,  againft  any  that  fhall  break  this  Law. 

And  It  is  alfo  Declared,  that  it  is  and  fhall  be  in  the  liberty  of  the 
Court  or  Judges  that  fhall  determine  any  fuch  cafe,  to  punifli  the  tianf- 
greffor  or  tranfgreffors  of  the  Law,  by  impofing  the  fine,  or  othcrwife  by 
corporal  punifhment  as  they  fhall  judge  beflj  any  Law,  Ufagc  oi  Cuflome 
to  th£  contrary  notwithflanding.  £  1670.'} 


Here  fie  Error. 


ALthough  no  Humane  power  te  Lord  over  the  Faith  and  CcHjcienees  of 
men,  yet  becaufe  fuch  as  hying  in  dcinmalh  Herfftci^  tending  10  the  Jub' 
verfion  of  the  Ckriflian  Fatth,  and  dejlruUion  af  the  Souls  of  men,  ought 
duelj  to  be  rejlramed  from  fuch  notorious  impiates  j  ,. 


Herefie    Error.  3-  j 

It  is  therefore  Ordered  and  Declared  by  the  Court;  Thatif  any  Chn- 
ftian  within  this  Jurifdid^ion,  (hall  go  about  to  fubvcrt  and  deftroy  the 
ChrJftian  Faith  ^nd  Religion,  by  broaching  and  maintaining  any  daiTinable 
Herefies:  As  denying  the  immortality  of  the  Soul,  or  refurred^ion  of   the 
Body,  or  o.ny  fin  to  be  repented  of  in  the  regenerate,  or  any  evil  done  by 
the  outward  man  to  be  accounted  fin,  or  denying  that  Chnft  gave  him- 
fclf  a  Ranfome  for  our  fins,  or  (hall  affirm  that  wc  are  not  juftified  by  his     """* 
death  and  rightcoufnefs,  but  by  the  pcrfecftions  of  our  own  works,  or  fhall    r  ,  p  , 
deny  the  "Moraliity  of  the  fourth  Commarvdment,  orfliall  openly  condemn       '      ' 
or  oppofe  the  Baptizing  of  Infants,  or  (hall  purpofely  depart  the  Congre-    A'"'»«""f- 
gaaion  at  the  adminiftration  of  that  Ordinance,  or  fhr.ll    deny  the  Ordi- 
nance of  Magiftracy,  or  their  lawful  Authority,  to  mnhe  War,  ortopuniHi 
the  outward  breaches  of  the  firfl:  Table,  or  fhall  endeavour  to  feducs  others   q^^.  ^^  ,<,  j.^ 
to  any  of  the  Errors  or  Herefies  abovementioned;  every  fuch   perfon  coii-    biniiicif! 
tinuing  obftinate  therein,  after  due  means  of  con.vi(ftion,  fhall  be  fcnlenced 
to  Bauifhment.     ^1646..  44.'} 

2.  The  Holy  Scriptures  of  the  Old  and  'I^jw-Teflaivevl^  hinp;  mitten  . 
by  the  Prophets,  ^Afo/tles,  and  Holy  men  qf  God,  inspired  ly  the  Holy  -^srY-TS- 
Chojij  containing  in  them  the  infallible  and  whole  Wilt  of  God,  which  he 
purpofed  to  mxke  known  to  Man-kinde,  both  fur  his  own  Worjhit  ,iiid  Service^ 
and  alfo  for  the  InflruClion,  Obedience,  Faith  and  Salvation  of  Man,  which 
yet  by  Herelickj  in  former  ages,  and  now  of  late,  have  been  opiifne'iand 
denied  fo  to  be,  which  tends  to  the  overthrorvof  all  true  Religion,  and  Salva- 
tion, for  the  prevention  of  fo  hainous  a  crime; 

It  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  what 
perfon  or  perfons  foevcr,  profefiing  the  Chriftian  Religion,  ab^vc  the  age 
of  fixteen  years,  that  fhall  within  this  Jurifdifhon,  wittingly  and  willingly, 
at  any  time  after  the  publication  of  this  Order,  deny  either  by  Word  oc 
VVrighting,  any  of  the  Books  of  the  Old  Teflament,  As 
Genefis,  Exodus,  Levhious,  Numbers,  Deuteronomy,  Jo fhun,  "judges,  7{jitb, 
Samuel,  Samuel,  Kings,  Kings,  Chronicles,  Clrronicks,  Eva^  Nehemiah, 
£fther,  "job,  Pfalms,  Proverbs,  Bcclefafla,  Canticles,  Ifaiah,  ^ieremiah.  La- 
mentations, Ez^ekiel,  Daniel,  Plofea,  Joel,  ylmos,  Obcdiah,  Jonah,  Micaby 
Nahum,  Habbakuk.,  Zephaniah,  Naggai,  Zeehari.ih,  Malachi.  Or  New, 
as  Matthew,  Mark,,  Luke,  khn,  ^Hs,  Romans,  Corrinthiam,  Ccrrinthmns, 
Galathtans,  Ephcjians,  philippians,  Colojfians,  Thejfalonians,  Th((l'alvninns, 
Timothy,  Timothy,  Titus,  Phtlemun,  Hebrews,  lames,  Peter,  Peter,  lohn,  lohn, 
hhn,\ude,aHd  Revelation.  To  be  the  wr)tren  and  infallible  Word  of  God. 

Or  if  any  perfon  as  aforefaid,  belonging  to  this  lurirdi(nton,  fhall  com-    DfiyinR    "w 
mit  thp  faid  crime  upon  the  Sea,  not  being  or   bclon^'iiig  to  the  JuritVii-   fhcwora^Fo^ 
ition  of  any  other  Commonwealth,   fhall    be  forthwith  apprehended  by 
the  next  Officer  or  Olficers,  whether  Marfhal  or  Conllable  or  their  Depu- 
ty, who  (hall  have  power  fo  to  do  by  warrant  from  any  one  of  the  Ma- 
giftfates,  and  fhall  be  committed  to  the  Prifon  at  BoAon,  without  Bale  or 
Mainprize,  there  to   be   fafely   kept  till  the  next  County  Court,  where 
upon  fuihcient  Tefiimony  brought  againit  the  faid  Delinquent,  he  fhall  be 
adjudged  for  his  offence  after  legal  convidion,  to  pay  fuch  a  fine  as  the 
Court  which  fhall  have  cognizance  of  the  crime  fhall  judge  meet,  not  ex- 
ceeding the  fum  of  fifty  pounds,  or  fhall  be  openly  and  Icvercly  whipt  by    p^^^,  _ 
the  executroner,  whether  Conftable  or  any  other  appointed,  not  exceeding  "' 

forty  Jirok/s,  unlefs  he  fhall  publickly  recant  before  his  Sentence  (  whicli 
if  he  do  )  he  ^all  not  pay  above  the  fine  of  ten  pounds  to  the  Trcafuror 
for  the  ufe  0/  the  Common-wealth,  or  be  whipt  in  cafe  he  pay  not  the  fine. 

M  2  And 


<^  Hcrefie     Error. 

And  it  is  further  Ordered  and  Ena(fted,  Thar  if  the  faid  Offender 
after  his  Recantation,  Sentence  or  Execution,  fliall  the  fecond  time  pub- 
hih,  and  Obftinatelyj  and  Pertinacioufly  maintain  the  faid  wicked  Opi- 
nion, he  (hall  Lc  Baniflied  or  put  to  Death  as  the  Court  fhall  judge. 

jl.s^-.^.?.  3-  It  is  Ordered,  that  al!  and  every  of  the  Inhabitants  of  this  Jurif- 

didion,  that  have  any  of  the  Books  in  their  Cuftody,  that  go  under  the 

booHtrbc-  <ic.    names  of  "Jofm  "J^jeves,  and  Lodowick^  Mn£glcton  (who  pretends  them  fclves 

fom'Mj'''ift'ate    to  be  the  two  laft  W'tnelTes,  and  Prophets,  of  Jefus  Chrift:;    which  are 

'^  full  of  Blafphemies,  and  fiiall  not  bring  or  fend  in  all  inch  Books  in  their 

Cuftody  to  the  next  Magiftiate,  fhall  forfeit  the  fum  of  wn  punds  for 

every  fuch  Book  found   in  his  hand,  the  one  half  to  the  Informer,  the 

other  half  to  the  Country. 

tobcbumt.  And  as  many  of  the  faid  Books,  as  are,  or  fhall  be  in  Cuftody,  fhaii  be 

burnt  in  the  Market  place  at  Bo/!on,  on  the  next  Ledurc  day,  Ly  the 
ColTiTiion  Executioner. 

-  4.  whereas  there  is  a  cur  fed  Sc(l  of  Hereticks  lately  rifen  iq   in  the 

yi.jo.^.t ^.  -^Ygf^^  which  are  commonly  called  Qualicrs,  who  take  upon  thtm  to   be  im- 
mediately fent  of  Godj  and  infallibly  ajjlfl^d  by  the  Spirit,  to  ffeak^  and  write 
Blafphemous  Opinions  difpiftng  Government,  and  the  Order  of  ^vd  1*1  Church 
Quakers  mid  Common-wealth,  fftaktug  evil  of  Dignities^    refycachi>;g    and   reviling 

Magtflrates  and  Alinijlers,  feehing  to  turn  the  People  from  the  Faith,  and 
gain  Prcfelitcs  to  their  pcrniciom  wajes.  The  Court  cci:f'drring  the  pre- 
mifes,  and  to  prevent  the  likg  mifchief,  as  by  their  means  is  wrought  m  our 
Native  Land; 

Doth, hereby  Order,,  and  by  the  Authority  of  this  Court  be  it  Ci- 

obe  dcred  and  Ena'Qed;  That  no  Maftcr  or  Commander  of  any  Ship   Barque, 

hrougiii  '"t9      Pinnace,  Ketch,  ot  other  VefTci,  fhall  henceforth  bring  into  any  Harbour, 

b'"an"Mjfier''ot'  Crcek  or  Cove  within 'this  Jurifdidion,  any  known  Quaker  or  Quakers, 

fbip  on  pcnsity   or  any  other  Blafphcmous  Hereticks  as  aforefaid,  upon  the  penalty  of  the 

01  loopouiics      forfeiuire  of  o«e  hundred  pounds,  to  be  forthwith  paid  to  the  Treafurer  of 

the  Country,  except  it  appeareth  that  fucii  Mafter  wanted  true  notice  or 

information  that  they  were  fuch,  and  in  that  cafe   he  may  clear  himfclf 

by  his  Oath,  when  fufhcient  proof  to  the  contrary  is  wanting. 

And  for  default  of  payment  of  the  faid  fine  of  one  hundred  pounds,  or 
good  fecurity  for  the  fame,  flich  Mafter  fhal!  be  committed  to  prifon,  by 
■warrant  from  any  Magiftrate.^  there  to  continue  till  the  faid  fine  be  fatif- 
fied  to  the  Treafurer  as  aforefaid. 
Ma<»enrti3t  And  thc  Mafter  Or  Commander  of  any  fuch   Ship    or  Veflel   ihar  ihall 

^^ar^°tbcm  ^""g  them,  being  legally  convi<fte3,  fliall  give  in  fufticient  fecurity  to  the 
fcacJu  '  Governour  or  any  one  or  more  of  thc  Magiftrates,  to  carry  them  back  to 
thc  place  whence  he  brought  them,  and  on  his  reKifal  io  to  do,  thc  Go- 
■vernour  or  the  faid  Magiftrate  or  Magiftrates  fhall  commit  fuch  Mafter  or 
Commander  to  prifon,  there  to  continue  till  he  flinll  give  in  fufticient  fe- 
curity to  thc  content  of  the  Governour  or  faid  Magirttatcs. 

And  if  any  pcrfon  or  perfons  within  this  Jurifdidion,  fhall  henceforth 

if      P      /    entertain  and  conceal    any  fuch  Quaker  or  Q_uakcrs,  or  othcrBlafphemoiis 

^•JTi'      '  j^creticks  ( knowing  them  to  be  fuch  )  every  fuch  pcrfon   i\\?M   forfeit  to 

thc  Country  forty  Jhillings  for  every  hours  cntertainnKnt  and  concealment 

of  any  Quaker  or  Quakers,  &c.  as  aforefaid,  and   ihali   be  committed  to 

pcifon  as  efcrefiiid,  liJl  the  fiiies  be  f\i\\y  fatisfied  and  paid. 

5.  And 


Here  fie  '^f  Quaker  i.  6i 


^.  And  every  peifon  or  perfons,  that  fliall  incourage  or  defend  any  of  j4.jS. 
their  pernicious  wayec,  by  fpeaking,  writeing   or  meeting  on   the  Lords   i^co^^ri^tU  of 
day,  or  at  any  other  time,  fhall  after  due  means  of  convidtion   incur  the  Quakers  \W\t 
penalty  infueing,  viz^  every  perfon  fo  meeting,  iTiall  pay  to  the  life  of  the  *''"'  '" 
Country,  for  every  time  ten  pullings^  and  every  one  fpeaking  in  fuch 
meeting,  fhall  forfeit  ^vs  founds 

6.  If  any  perfon  fhall  knowingly  import   into    any  Harbour  of  this  pirperf.ng  qua. 
Jurifdi<nion,  any  Quakers  Books  or  Writeings,  concerning  their  damnable  i*«fs  Books 
Opinions,  he  fhall  forfeit  for  every  fuch  Book  or  Writeing  five  pounds  ^a.nd 
v/hofocver  fhall  difpcrfe  or  conceal  any  fuch  Book  or  Writeing,  and  it  be 

found  with  him  or  her,  or  in  his  or  her  Houfe,  and  (hall  not  immediately  -,„3j,., j ponods 
deliver  the  fame  to  the  next  Magiftrate,  ffiall  forfeit  and  pay  fi-^e  pounds 
for  difpcrfing  or  concealing  every  fuch  Book  or  Writing, 

7.  And  every  perfon  or  perfons  whatfoevcr,  that  fhall  revile  the  '^r''j'///'5Jit 
Office  or  perfon  of  Magiftrates  or  Minifters,  as  is  ufual  wtfh  the  Qurker^,  nifters. 

fuch  perfon  or  perfons  /hall  be  fevcrely  whipt,  or  pay  the  fum  of  f.ve 
founds. 

8.  And  every  perfon  that  fhall  publifli  and  maintaine    any  Hetrodox   ^:{fi^''f' 
or  erronious   Dodrine,  (hall  be  liable  to  be  Queftioned  and  Cenfurcd   ^"^J^ 

by  the   County  Court  where  he  liveth,  accordnig  to  the  merit  of  his 
Offence. 

9.  whereas  there  is  a  permeious  Sed,  commoyily  called  .Quaksys,  lately  cA-jS. 
ariferiy  who  by   Word  and   Writeing,   have  publifhed   and   nwimained  many 
dangerous  a>id  horrid  Tenents,  and  do  take  upon  them  to  change  and   eiher 

the  received  laudable  cujiomes  of  our  Nation,  in  giving  civil  refped  to  cqiialsy 
or  reverence  to  Jureriours,  tvl?ofc  Anions  tend  to  undermine  the  Authority  af 
Civil  Govornr,ient  as  alfo  to  dcjlroy  the  Order  of  the  Churches,  by  dmying 
all  ejlablifhed  forms  of  Worfhip,  and  by  withdrawing  from  the  Orderly  Church 
Jljfemblies,  allowed  and  approved  by  all  Orthodox  Profeffors  of  the  Truth ; 
and  infead  thereof,  and  oppofition  thereunto,  frequenting  private  meetings  of 
their  ovn,  infmuatiny  thcrnfelvcs  into  the  minds  of  the  ftmpler^  or  fuch  ns  are 
lefs  af'c{kd  to  the  Order  and  Government  of  the  Church  and  Common-wcalih^ 
whereby  divers  of  our  Inhabitants  have  been  ivfeHed  and  fedueed,  notwHh- 
Jianding  all  former  Laws  made,  (  upon  experience  of  their  arrogant  bold  ob- 
truficns,  to  dlfscminate  their  Principles  among  ft  us )  prohibiting  their  comeing 
into  this  '^urjfdidion,  they  have  not  been  deterred  from  their  impetuotis  li^ttempts 
to  undermine  our  peace  and  haflen  cur  ruiue : 

For  prevention  thereof,  This  Court  doth  Order  and  Enntff,  that  every   q.«k"«K>b!; 
perfon  or  perfons  of  the  curfed  Se<!l;  of  the  Quakers,  v/ho  is  not   an   in-  ^pp"'"'"'"' 
liabitant   of,  but   found  within    this   Jurifdid^ion,   (hail  be   y\pprchcnded 
(without  Warrant,    where  no  Magiltrate  is  at  hand)  by  any  Conftable 
Cominiflioner  or  Selecfl  Man,  and  conveyed  from  Conftable  to   Conftable 
until  they  come  before  the  next  Magiftrate,  who  (hall  commit  the    faid 
perfon  or  perfons  to  clofe  Prifon,  there  to  remain  without    Baile  until  the   ^"'f'^'""'^ 
next  Court  of  Afllflants  where  they  fliall  have  a  legal   trial  by  a   fpecial 
Jury,  and  being  convifted  to  be  of  the  Sed  of  the  Quakers,  (hall  be  fen- 
tenced  to  Banifliment  upon  pain  of  Death, 

And  that  every  Inhabitant  of  this  Jurifdid^ion,  being  convicted  to  be  of   Bjnini«donpa;r| 
the  aforel'aid  Se(fV,  cither  by  taking  up,  publifliing  and  defending  the  horrid   °    " '■  . 
Opinions  of  the  Qj^kers,  or  by  ftirruig  up  Mutiny,  Sedition  or  Rebellion   ^uk.ers*  ""^'' 

N  asamft 


52  Herefs  of  Quakers. 


againft  the  Government,  or  by  taking  up  their  abfiird  and  defhu(f\ive  pra- 
difes,  viz.  denying  civil  refped\  snd  reverence  to  Equals  and  Superiours, 
■withdrawing  from  our  Church  Affemblies,  and  inftead  thereof  frequenting 
private  meetings  of  their  own,  in  oppofition  to    Church  Order,  or  by 
sdhering;  to,  or  approving  of  any  known  Quakers  that  are  oppofi£eto  tfee 
Orthodox  receiveu  Opinions  and  Pfa6ifes  of  the  Godiy,  and  endeavoisr- 
ing  to  difaffecfl  others  to  Civil  Government  and  Church  Order;  and  con- 
demning the  praftife  and  proceedings  of  this  Court  againft  the  Quaker?, 
manifefting  thereby  compliance  with  thofe,  whofe  defign  is  to  ouerihrow 
the  Order  eftabliihed  in  Church  and  Common- wealth  -.  livery  fueh  perfon 
upon  examination,  and  legal  convidion  before  the  Courf  of  y\ff>fta::ts  ia 
manner  as  aforefaid,  fhall  be  commiitcd  to  clofe  prifon  for  one  Month, 
and  thea  unlefs  they  chufc  voluntarily  to  depart  the  Jurifdiflion,  fliailgive 
Bond  for  their  good  Abbearance  and  appearance  at  the  next  Court  of' 
AlTiftants,  where  continuing  obftinate,  and  refufing  to  retracTt  and  reform 
the  aforefaid  Opinions  and  Pracfli.'es    fhall  Le  fentenced  to  Banifhment 
upon  pain  of  Death:   And  in  cafe  of  the  aforefaid  voluntary  departure, 
notto  remain,  Of  again  to  return  into  this  JurifdisTtion,  v/itboutthe  allowance 
^a'ltft'^^'  of  the  major  part  of  the  Council  firft  had  and  pubiifhed,  on  penalty  of 
may  not  rrfv-'m  being  Banifhed  upon  pain  of  Death,  and  any  one  Magiftrate,  upon  infor- 
v-iihout  iic€.Ae  jj^gjjQj^  given  him  of  any  fuch  perfon,  fhall  caufc  them  to  be  apprehended. 
One  Mas'C'J"  and  if  upon  examination  of  the  cafe,  he  fhall   according   to  his   bcfl   diP- 
msy  commit  fo  ^j.„tion  finde  juit  ground  for  fuch  complaint,  he  fhaii  commit  fuch  perfoa 
^"'"'  to  prifon,  until  he  comes  to  his  tryal  as  is  above  exprcfTed.     {^  16 4S.  3 


T 


liHf 


f  Bis  Court  being  dcfirous  to  try  ail  rr.eans,  -mth  as  much  Lenily  as  may 
ccnfifl  with  our  fafety,  to  prevent  the  Intrufiom  of 'be  fakers,  who  bc- 
fclef  then  ay^hfiifd  and  Hafphemous  DoilYines,  do  Uhe  Rogues  and  Vega- 
bonds  come  in  upon  tis,  and  hn-vc  not  been  rc/fraincd  by  ihe  Lnvfi  alrccdy, 
provided  ^ 

Hrive  Ordered,  that  every  fuch  Vagabond  Quaker,  found  within  any 
Order  agii'i!*      part  of  this  Jurifdidion,  fhall  be  Apprehended  by  any  perfon  or  perfons, 
'^""k^'td'i^c^^uci    '^^  ^1  *^^  Conf^ablc  of  the  Town  wherein  he  or  fhee  is  tak<?n,  and  by  the 
g.  CD     .»    .  ^^j^j^,^y^  ^j.  -j^  },i5  abfcnce,  by  any  other  perfon  or  pcrfons  conveyed  be- 
fore the  next  Nlagiftrate  of  that  Shire  wherein  they  arc  taken,  or  Com- 
rr.Lfiionjsr  inverced  with  Magiilratical  power ;  And  being  by  the  fai J  Ma- 
giftrate or  Magiftratcs,  CommifTioner  or .  CommiiTioners  adjudged  to  be  a 
vuandring  Quaker,  WJt.  one  that  hath  not  :any  dwelling,  or  orderly  allow- 
ance as  an  Inhabitant  of  this  Jurifdid^ion,  and  not  giving  civil  refpe«ll  by 
the  ufual  geflurcs  thereof,  or  by  any  other  v/ay  or  meaiismansfefitnghim- 
felf  to  be  a  Quaker,  fiiall  by  Warrant  under  the  hand  of  the  faid  Magi- 
ftrate or  Magiftfates,  CommifTicncr  or  Commifitoncra,  dire(f\ed  to  the 
Conftabls  of  the  Town  wherein  he  er  fliee  is  taken,  or  in  abfcnce  of  the 
Conihble,  to  any  other  meet  pcrfori,  be  ftripped  naked  from  the  middle 
upwards,  and  tyed  to  a  Carts  tail,  and  whipped  through  the  Town,  and 
from  thencs  immediately  conveyed  to  the  Ccaftabic  of  the  tiext  Town 
towards  the  borders  of  our  ]uri''d:£';:3n,  as  their  Warrant  fhall  dire<^;and 
fo  from  CoTiMHz  to  Conitablc  till  they  be  conveyed  througTi  any  the 
outwardmoft  Towns  of  our  Juri(cii'll»on. 

And  if  fuch  VagatoncJ  Quakc-r  fhall  return  again,  then  to  be  in  I*ke 
manner  Apprehesided,  and  conveyed  as  c't:n  as  they  (hail  be  found  within 
the  Limits  of  our  Jutifdiftion ;   Providgd  «,>vcyv  fuch  wandring  Qeaker, 


Herefie  of  ^akfrs.     Hides.  63 


having  been  thrice  convicf^cci  and  fent  away  as  abovcfaid,  and  relUD-mg 
sgain  into  this  JurifdWion,  lliall  be  Appretiended,  aad  Commit':ed  b^- any 
Magiftrate  or  CommiiTloner  a5  abovcfaid  unto  the  Houfe  of  Corrccflien 
vs'ithin  that  County  wherein  he  or  i\^tt  is  }'our.d,  until  the  next  Court  c'i 
that  County,  w]iere  if  the  Court  Judge  not  meet  to  rcleafc  them,  ihey 
rhall  be  Branded  with  the  Letter  '\.  on  their  left  (boulder,  and  belcvete- 
ly  Whipt,  and  lent  away  in  manner  as  before. 

And  if  after  this,  he  or  fnee  iball  return  again  j  then  to  be  proceeded 
againft  as  Incorrigible  Rogues  and  Enemies  to  the  Common  Peace,  anit 
fhall  immediately  be  appreheneaded,  and  Committed  to  the  Common 
Goal  of  the  Country,  and  at  the  next  Coi^rt  of  A/Tillanta  fhall  be  brought 
to  their  tryal,  and  proceeded  againfc  according  to  the  Law  made  u4nn(:. 
16 jS.^a^.s6-  for  their  punifhmcnt  on  pain  of  death. 

And  for  fuch  Q^iakcrs  as  fhail  arife  from  amongll  cur  feives,  they  ninll 
be  proceeded  agamft  as  the  former  Law  of  ^rjm.  16 si.  pag  ^i'.  dol^^ 
provide,  until  they  have  been  convi(fted  by  a  Court  of  AiTiftant?:  and  be- 
ing fo  conviifted,  he  cr  fhcc  (hall  then  be  Danifhed  this  juiifdi(f\icn  :  and 
if  after  that  they  fliall  be  found  in  any  part  of  this  Junfdid^ion,  then  "he 
or  fhcc  fo  Sent«iced  to  BanifhmeTit,  fiiall  be  proceeded  againft  as  thole 
that  arc  Strangers  and  Vagabond  Quakers,  in  manner  as  is  above  ex- 
prelled. 

And  it  is  further  Ordered,  That  whatfocver  charge  fnail  arife  about 
Apprehending,  Whipping,  Conveying,  or  othcrwife  atout  the  Qu^akers, 
to  be  laid  out  by  the  Conftables  of  fueh  Towns  where  it  is  expended, and 
to  be  repaid  by  the  Treafurer  out  of  the  next  Country  Levy. 

And  futthcr,  that  the  Conftables  of  the  fevcral  Towns  are  hereby  iin- 
powted  from  time  to  time,  as  necelTity  fhall  require,  to  Imprel's  Cart^ 
Oxen,  and  other  AfTiftants  far  "the  Execution  of  this  Order.  \^i66i.'\ 


TH'ti  Court  heretofore,  for  foms  Reafons  inducing-,  did  judg:-  meet  to 
fitfpend  the  execution  of  the  Laws  agamji  Qj'.akers^  as  fuch,  fo  far   as 
thiy  refpcd  Corporal  punifhmcnt  or  Death,  during  the  Courts  fkflfure.    Now 
forafmuch  as  nen  complaints  are  made  to  this  Court  of  fueh  perfons  abound- 
in^,  tfpecialiy  in  the  £afiern  parts^  endeavouring  to  drar>.>  away  others  to  that 
rvick^d  Opinion ; 
•■   It  is  therefore  Ordered,   that  the  laft  Law  tit.  Vagabond  Quakers,  Ofd"  >t'''-fi 
May  t66i.    be  henceforth  in  force  in   all   refpc(i>s;    Provided  that  their  l^ft^M^,  11^!' 
Whipping  be  but  through  three  Towns:   and   the   i\4agiftrate  or  Com-  in  rorrc 
niilTjoners    figning    fuch    Warrant,  fliall   appoint   both  the  Towns,  and 
number  of  Stripes  in  each  Town  to  be  given.     [^  16 62-2 


vv 


HTDES    and    SKINS. 


Hereas  fome  persons  more  feekjug  iheyr  o\»n  private  advantage  then 
the  good,  of  the  Tublick,,  do  Tranfpurt  \Fjiw  Hides  and  Felts  ^ 

V  7  It 


fiij.  High-wayei, 


It  is  Ordered  that  henceforth  no  perfon  (hall  deliver  aboard  any  Ship 
Rjw  H!de5  ror  Of  Other  Veflel,  direcflly  or  indire<fHy,  any  Raw  Hide,  Skin,  Pclr  cr  Lca- 
jo^bc  vranffor.   ^jj^j.  ^..^..j-gygj-j^  ,,.ii;h  intent  to  have  the  fame  tranfported  out  of  this  ji> 
rifdifficn.j  upon  pain  to  forfeit  the  fame  or  the  value  thereof 

And  that  r.3  Maftcr  of  any  Ship  or  Vefiel  fliall  receive  any  Raw  Hide?, 
Skins,  Pcits  or  Leather  mwrought,-  diredly  or  indiredly  aboard  his  Ship 
or  Veficl  to  be  fo  tranfpcrtecl  upon  the  li!;c  penalty. 

Provided  that  any  Psrfon,  Stranger  or  other,  may  tranfport  any  Hides 
or  Skins  brought  hither  from  beyond  the  Seas  by  way  of  Merchandize,  or 
the  Skins  of  Sever,  Moos,  Bear  and  Otter.     [  i6^6.'\ 

Jj.z.V.S.  2-  "^^on  Information  cf  the  negkit  of  many  ^erfons,.in  not  fating  fuch 

Hides  cr  Skins^  as  either  by  cr.fi'.alty  cr  Slc.ughter  come  to  hand,  whtnhy^ 

damage  redounds  to  the  Coi'.y:try\ 

It  is  Ordered,  that  every  Hide  or  Skin  fhall  carefully  be  dryed,  be- 
"'b*"' r fers'cd.'  ^°''*^  ^^  Corrupt,  and  that  fuch  Hides  or  Skins  (hall  be  font  where  tlteymay 
"  '""  be  Tanned  or  Dreffed,  and  whofoevcr   fiiali   negletft  to   do   as   afcrefaid, 

{hall  forfeit  for  every  fuch  Hide  five  jliillmgs,  and  for  ever  Skin  cf  Calves 

or  fmali  Cattle  twelve  pence.     [_i64o,  4(^-} 


T 


HIG  HWATE^. 


O  the  end  ihere  tr.r.y  he  convemerit  High-wajes  fcr  Travellers. 

It  is  Ordered  by  the  Authority  of  this  Court,  That  all  Country 
Highwuyes  fhaii  be  fuch  as  may  be  mofl  tafic  and  fife  for  Travellers,  to 
which  piiipofc  the  Court  of  that  County  where  fuch  High-vvayes  is  to  be 
iTiadc  and  laid  out,  fhall  upon  com.plaint  appoint  tv/o  orthrcemen  of  each 
next  Town,  vyhofe  Inhabitants  have  moft  occafion  thereof,  upon  viev/  to 
lay  out  fuch  PJigb  "v/ayes  according  to  Order,  given  them  by  that  Court, 
and  ninke  return  of  what  they  do  therein  to  the  next  Court,  Provided 
ahvayes  it  occafion  not  the  pulling  down  of  any  Mans  Houfc,  or  laying 
open  any  Garden  or  Orchard,  and  in  Common  Grounds,  or  where  the 
Soylc  is  v/et,  myric  or  very  rocky,  fliall  lay  out  fuch  High-waycs  the 
v/ider,  viz..  fix.,  ct^ht^  ten  or  more  Rods. 
Sjiisriflicn  to  Provided,  that,  if  any  Min  be  thereby  damaged  in  his  improved  Ground, 
fae^given  pro^r,.   ^^^  ^^^^^^  ^^j,  ^^^^  ^^^  reafonabic  fatisfadicn,  by  efumatlon  of  thcfe 

that  laid  out  the  fame :  and  if  fuch  perfons  deputed  cannot  agree,  it  fhall 
be  referred  unto  the  County  Ceurt  of  the  Shire,  v^ho  (hall  Jiave  power  to 
hear  and  dctermree  the  Cafe;  And  if  any  perfon  finde  himfcIfjulHy  grieved 
■with  any  acft  cr  thing,  done  by  the  perfons  deputed  afoiefaid,  he  may 
Appeal  to  the  County  Court  aforefaid,  but  if  he  be  found  to  complain 
without  caufe,  he  (hall  farcly  pay  all  charges  of  the  parties,  and  Goui't, 
during  that  A(f^ion,  and  alfo  be  fined  to  the  Country  as  the  Court  fhall 
adjudge,     Ix^sp-} 

privattwaycsirt  j.  It  is  Ordered  and  Declared  by  this  Convt,  That  the  Selcd  Towns-, 

men  of  every  Town,  have  power  to  lay  out  ( by  themfrlves  or  others ) 

particulai: 


IlorfcSf    Marss^     Sione-Horfes.  ^S 


particular  and  private  waycs  concerning  their  own  Town,  or.I^   fo  as  no 

damage  be  done  to  any  mm  without  due  rccompence  to  be  given  by  the  ja'rowu'^^ 

judgement  of  the  faid  Selc(ft  men,  and  one  or  two  chofcn  by  the  faid  Se^ 

ledt  men,  and  cnc  or  two  chofcn  by  the  party,   and  if  any  pcrfon  (hall 

findc  himfcif  juftly  grieved,  he  may  Appeal  to  the  next  County  Court  of 

that  Shirej  who  lliall  do  juftice  therein  as  in  other  Cafes.-    []  1642.'} 

SI.  VpoK  informaHon  that  divers  High-vcayes  are  much  annoyed  and  in-        ^^,3^^  i 
tz»Jv  i«^  by  ^aies  and  %jtils  ersiied  upon  them  ;  H'gh>vjy<^io 

\i  is  Ofcieied  by  the  Authority  of  this  Court;  That  upon  any  infor-  be  removed 
nvation  or  compSaint  iKadc  to  any  County  Court,  or  to  any  Magiftratc  of 
av.i  fuch  Gatei  or  Rails  erected,  or  to  be  ere<ficd  upon  any  Common 
Ihgh-way,  the  faid  Court  or  Magiftrate  fliall  appoint  a  Committee  of 
(iifcreet  and  indifferent  men  to  v:sw  Pjch  incumbrance,  and  to  Cider  the 
icformation  thereof. 

And  if  the  parties  whom  it  (hall  concern,  fhall  not  fubmit  to  fuch  Or- 
ders, they  flialj  require  them  to  appear  at  the  next  Court  of  that  Shire, 
and  alfo  fha!!  certifie  the  incumbrance  found,  and  Order  by  them  made 
under  their  hands  ur.:c  the  faid  Court,  or  appear  in  pcrfon  to  profecute 
the  caufe,  where  it  fhall  be  heard  and  determined  for  cafe  and  conveni- 
ency  of  Traveliersp  with  due  refped  to  the  Proprietor^  coft  and  damage, 
but  no  pcrfon  Aral!  ftand  charged  with  the  repair  of  common  High  waycs 
through  his  own  Ground.    [_  1647-^ 


HORSESy    JlfJRES. 


IT  is  Ordered  by  this  Court  and  Authority  thereof-   That  no  Matler  or  x,.5.P.  //. 
Commander  of  any  Ship  or  Barque,  fhall  receive  on  board  his   Ship  or 
Vcflel,  any  Horfc,  Gelding  or  Mare ,  but  fuch  as  fhail  be  entred  into  a 
Book,  with  the  colour,  particular  marks  and  age,  (  as  near  as  may  be 
known)  and  perfon  0!  whom  fuch  Horft  was  laft  bought,   and  proof  by  Horfeiwbc 
Witnefs  or  Oath  that  he  v/as  the  true  owner  thereof,  to  be  kept  by  the  kc"^J„T,l'd\n  'I 
Clerks  of  the  V/rits  in  all  their  Towns,  who  arc  hereby  Authorized  to  Bock. 
•view  !»I1  fuch  ac  fhal!  be  fliipped ;  and  for  every  Horfc  fo  cntrcd,  there 
fnall  be  pcid  to  the  faid  Oi'hcers,  by  the  Owner  or  Merchant  of  fuch 
iicrk,  fpc  pey;ce  a  piece. 

7ind  every  Commander  or  Matter  of  any  VcfTel,  who  Hiall  lake  on 
boa'-'i  any  other  Hoifc  or  Mare,  except  fuch  as  he  iTiall  receive  a  Note 
under  the  hand  of  the  faid  Clerkj  and  be  entred  as  aforcfaid,  ihail  for  eve-  penalty 
ly  fuch  offence  forfeit  the  Sum  oi  forty  Jhiliin^s  to  the  Informer  &niforiy 
fhilim^t:  to  the  Tixafury ,     {^  1 644.  \ 

It  is  Ordered,  thai  aj  perfoi.  fhall  uhd^r  any  pretence  fell  or  any  way  MoHorfo^tobe 
difpofe  any  Horfc,  N:^.e  or  Cwlf,  to  any  Indian,  upon  the  penalty  of  one  "^^  '°  °  ""*' 
bund/ed pounds .    [_t6ss.^ 


vv 


'Hen as  the  Breed  of  Horft s  in  the  Country  is  utterly  fpoiled,  whereby 
^  that  ufeful  Creature  will  iecome  a  burthen,  which  otbemife  might  be 
benificial,  and  the  oecafion  thereof  is  concaved  to  be  through  the  fmalnefs  and 
badncfi  of  3Une  Horf^^  and  Colts  thai  run  in  Cjmmois  and  Woods ; 

O  If 


gg  Stcne  Horfis,     Idlencfs. 


For  prevention  whereof,  This  Court  doth  Order  and  Enact,  and  be  it 
Order  for  the^  Ordered  and  Enacrcd  by  the  Authority  hereof,  That  no  Stone  Horfe  above 
offtOTc' Ho-ftj  two  years  old  fliall  be  fuffered  ro  go  in  Commons  and  Woods  at  liberty, 
ijnlcfs  he  be  of  comely  proportion  and  fufficient  ftature,  not  kfs  then 
jcurtccn  Hards  hi^h,  reckoning /oKr  Inches  to  a  //<«k<^/«/,  and  fuch  a  Horfe 
to  be  viewed  and  allowed  by  the  major  part  of  the  Seleft  men  of  the 
Town  where  the  owner  lives. 

And  if  any  perfon  or  pcrfcns  turn  any  Stone  HorJe  upon  the  Commons, 
or  at  libaL^,  or  in  the  Woods,  being  not  viewed  and  allowed  as  before, 
he  or  they  ftail  forfeit  twenty  pillings  a  Month  for  every  Stone  Horfe 
running  at  liberty,  after  he  is  a  two  years  old-,  which  penalty  is  to  be  ta- 
ken by  Warrant  of  the  Select  Men,  2nd  imployed  to  the  Towns  ufc,and 
hi  the  Seleft  Men  of  ary  Town  do  Tiegled  their  duty  in  taking  their  fines^ 
and  viewing  fuch  as  are  brought  in,  according  to  this  Law,  they  fhall  for- 
feit twenty  jliilliftgs  to  the  County  Treafuryj  and  this  Law  to  be  in  force 
the  firft  of  0{}ober  next.    [_i 668.2 


Idle  PerfonS. 


Wljereas  in  the  Law  tit.  Houje  cf  CorrtlHoi:,  Idle  perfcfiS  are  parti- 
cularly named  as  fuch^  as  the  Laiv  tntendeth  pculd  he  committed  to 
that  Houfe  forCorrcBton  and  Reformation:  This  Court  takhrg  notice^  upon 
^vod  information  and  fad  complaints^  ibat  there  are  fume  perfvns  in  this  J«- 
rifdtdicny  that  have  Families  to  provide  for^  who  greatly  neglefl  their  Callings, 
or  mifpcnd  what  they  earn^  whereby  their  Families  arc  in  much  Want^  and 
i}re  thereby  expofed  to  fiffer^  and  to  need  relief  from  others-^ 

This  Court  for  remedy  of  thefe  great  and  unfufFeiable  evils  j  do  De- 
clare, that  by  Idle  perfons  ( mentioned  in  the  recited  Law )  fuch  ncgle- 
ftors  of  their  Families,  are  comprehended  anonfl  the  reft,  and  that  in  a 
fpecial  manner.     I_i668.2 

ccnP.at !c  to       "f  T  :s  Ordcrcd,  that  no  pcrfon,  Houfc-holdcr  or  other,  ftiall  fpend  Ws  time 
"if  "°''f  ns°'         ^'^^^y  *"''  ynpfof't^^bly,  under  pain  of  fuch  puniihment,  as  the  County 

And  the  Conftablcs  of  every  Town  arc  required  to  ufe  fpecial  care  to 
take  notice  of  Offenders  in  this  kinde,  efpecially  or  common  Coaftcrs, 
iinprotitabic  Fowlers,  and  Tobacco  takers,  and  prefer't  the  fame  to  the 
next  Magiftratc,  v;ho  is  hereby  impowrcd  to  herr  and  determine  Uic  cauiie, 
01  transfer  it  to  the  next  Court.    [_  id^j.} 


^chites. 


^efmn.     I>n^:fls.  6j 


Forbidden  to 


^ESVITES. 


Tills  Court  tahing  into  confideration  the  great  V/ars,  Comhujlions  and 
Divifons  which  en  this  day  in  Europe  cind  that  the  fame  are  ohfetved 
to  be  raifecl  and  fomented,  chiefly  ly  the  fecrct  undermrr.ir.gs^and  folicitationi 
of  ihjfc  of  the  Itfuitical  Order,  Alen  brought  up  and  'Devoted  to  the  "KjH- 
gion  and  Coiot  of  Room,  whiih  hath  occaftoned  divers  States  to  expel  tbeitt 
thiir  Tirrituncs,  for  prevention  whereof  among  our  felves ; 

It  is  Ordered  and  Enaifted  by  Authority  of  this  Court,  That  no  lifuite  t°t°rout"joiir- 
or  Spiritual  or  Ecckfiafltcal  pcrfon  (as  dicy  arc  tcnncd  _)  Ordained  by  the  d'"'""- 
Authority  of  the  Pope  or  See  of  Rocm,  fliall  henccfortli  at  any  time  repair 
to,  or  come  within  this  juiifdiRion :  And  if  any  perTon  fnall  give  juft 
caufe  of  fufpition,  that  he  is  one  of  fuch  Society  or  Order,  he  fliall  be 
brought  before  fomc  of  the  Magiftrates,  and  if  he  cannot  free  himfelf  of 
fuch  fufpition,  he  (hall  be  committed  to  Prifon,  or  bound  over  to  the  next 
Court  of  Affiftants,  to  be  tryed  and  proceeded  with,  by  BaniDimcnt  or  xo be  BwiHea. 
otherwife  as  the  Court  fhall  fee  caufe. 

And  if  any  perfon  fo  Banilhcd,  be  taken  the  fecond  time  within  this 
Jurirdi(fkion,  upon  lawful  tryal  and  convicftion,  he  fhall  be  put  to  Death. 
Provided  this  Law  fhall  not  extend  to  any  fuch  fefiiite.  Spiritual  Or  Eccle- 
fiafiical  pcrfon,  as  fhall  be  caft  upon  our  Shores  by  Ship-wrack  or  other 
Accident,  fb  as  he  continue  no  longer  then  till  he  may  have  opportunity 
of  Paflagc  for  his  departure  j  nor  to  any  fuch  as  fhall  come  in  company 
■with  any  Mcffcnger  hither  upon  publick  occafions,  or  Merchant,  or  Maftcr 
of  any  Ship  belonging  to  any  place,  not  in  enmity  with  the  State  of 
England,  or  our  felves,  fo  as  they  depart  again  with  the  fame  McfTenger, 
Mafler  or  Merchant,  and  behave  thcmfclvcs  inofFcnfively  during  their  a- 
bode  here.     {_  164-.  ] 


IMPOSTS. 


FQ  ji  the  f'.ipport  of  the  Governmer.t  and  Afd'mte nance  of  Fortification, for 
the  potcifing  and  fafe  guarding  om   Harhaurs  for   our  felves   and  others 
that  come  to  Trade  ivith  us,  A  t,  i  t» 

It  is. Ordered   by  this  Court  and  the  Authority  thereof,  Tliat  every  •"•^i''   ■' 
Perfon   Merchant,  Seaman  or  other,  that  bring   Wines,  or  Strong- waters 
into  any  of  our  Harbours,  in  any  Ships  or  Vcflels  whatfoever  (except  they 
come  dircdly  fr^m  England  as  their  firft  Port  j  before  they  Land  any  of  vv.n^.ot.r  «n. 
the  faid  Wines  or  Strong-waters,  more  or  Icfs,  fhall  firft  make  entry  of  ''f'ibcu-.-e  Un- 
.as  many  Putts,  Pipes  or  other  VefTcls,  as  they  or  any  of  them   fliall  put 
on  fhoic,  by  a  Note  under  their  Hands  delivered  to  the  Officer  than  is  to 
receive  the  Cuftonics  at  his  Houfe,  upon  pain  of  forfeiture   and  confifcar 
tiou  of  all  fuch  Wines  and  Strong  v.-.itcrs  as  are  Landed,  before  fuch  entry 

O  2  made 


68 


Impoft. 


Cof^trrc  to  te 
paid  upon  the 
Landirg- 


CuOomcrsCs 

van- 


Esfrs  oF  the 
Cuilom  of  wine. 


Cuftomcr'  P"- 

wcr  inJ  duty. 


afliU  the  Oliicct 


Coii.'bMci  and 
other*  10  Jilift 
the  Cuftomcr 


onpfnilty  of 
ten  ftiiUingt 


made,  whcrcfocvcr  found,  the  one  half  to  the  Country,  the  other  half  to 
the  Officer,  and  the  Merchant  or  owner  of  fuch  Wines  of  any  kindc,  or 
Strong  waters,  as  foon  as  he  Lands  them,  (ball  deliver  and  r^>  '■'"to  the 
faid  Officer  what  is  due  for  Ciiftome  of  them  according  to  this  Order,  m 
Wine  or  Strong-water,  according  to  the  proportion  of  the  gcodneTs  of 
the  parcel  that  is  brought  in,  as  the  Officer  and  Owner  can  agiec,  to 
the  contentment  and  fatisfa<nion  of  the  faid  Officer,  bait  if  they  cannot 
agree,  the  Treafurcr  for  the  time  being  ffiall  Dercrminc  the  price  thereof. 

And  it  is  further  Ordered,  that  the  chief  Officer  or  Cuffonier  fhali  have 
tinder  him  a  Deputy  or  Deputies,  who  fhall  be  as  fearchers  or  waiters  in 
feveral  places,  to  take  up  fuch  Wines  or  Strong- waters  by  order  of  the 
faid  chief  Officer,  and  to  take  notice  of  what  is  Landed  in  any  place  of 
this  JurifdiOion,  that  the  Country  be  not  defrauded,  who  fhall  have  due 
iccompence,  as  the  chief  Officer  fhall  agree  with  them,  and  all  Wines  fhall 
pay  Cuftome  according  to  the  Rates  following: 

Every  Butte  or  Pipe  of  Fyall  Wines,  or  any  other  Wines  of  the  W^cftetn 
Iflands,  five  ftnHmgs. 

Every  Pipe  of  Madera  wine  fix  JUiHings  eight  ^cnce. 

Every  Butte  or  Pipe  of  Sherry,  Sack,  Malaga,  or  Canary  Wines,  icn 
^iillmgs. 

Mufcadels,  Malmfies  and  otTicr  Wines  from  the  Stiaits,  Un  f.Kllings. 

Baffards,  Tents  and  Alligants,  ten  fij.ll-ngs. 

And  proportionable  fcr  greater  or  IcH'cr  VeiTels  of  each  kinde. 

Every  Hogfhead  of  French  Wines  two  pi/lings  fix  psnce. 

And  every  Hogfhead  of  Strong-watcri,  tm  fihllltngs^  and  propoitionably 
for  greater  or  leffer  quantities, 

2.   ^nd  for  the  letter  rccovirlng  cny  fuch  Cufiomei  of  Wines  nnd  Strong 
'WClt:rSy  cr  Forfeitures^  for  not  entrnig  according  to  this  Order  ^ 

h  is  Ordered,  that  the  faid  Officer  or  his  Deputy,  hath  hereby  power, 
and  is  required  to  go  into  all  Houfes  or  Cellars,  where  he  knowtth  or 
fufpefteth  any  Wine  or  Strong-watcfs  to  be,  and  fhall  feize  all  fuch 
Wines  and  Strong-waters  as  are  not  entred  according  to  this  order;  and 
olfo  feize  and  take  poficffion  of  fo  much  Wines  and  Strong  waters  as  fhall 
make  payment  for  what  Cuftome  is  due,  according  to  entries  made,  and 
is  rcfufed  or  negleifled  to  be  paid  in  due  manner  according  to  this 
Order. 

And  all  Conftablcs  and  other  Officers  are  hereby  required  to  affiff  and 
aid  the  OiHcer  in  the  difchargc  of  his  duty,  and  helping  to  break  open 
fuch  Houlcs  or  Cellars  of  the  Owners  of  fuch  Wines  or  Strong  waters, 
as  ffiall  rcfufc  to  open  their  doors  or  deliver  their  Keys  in  a  peaceable 
manner. 

And  any  Smith,  Carter,  Owner  of  Boat,  Porter  or  other,  that  fliall  be 
required  by  the  Officer  to  help  and  affift  in  taking,  loading  and  tranf- 
porting  fuch  Wines  for  the  ufc  of  the  Country,  and  fhall  refufcornegledl. 
fuch  fcrvicc  for  due  hire,  fhafl  forfeit  to  the  Common  Treafury,  tot  fiul- 
hngs  for  fuch  default,  to  be  Icvycd  by  the  Conftable,  by  Warrant  from 
any  one  Magiftrate. 

And  all  Debts  due  unto  the  Country  for  Cuflome  of  Wines  orStrong- 
iviters,  where  Wines  or  Strong- v/aters  arc  not. to  be  found,  they  fhall  be 
recoverable  in  a  way  of  Action,  accoiding  to  the  courfc  of  Law  in  other 
Cafes, 


S.  And 


Jm^ojl.  69 


3.  And  it  is  further  Orderd,  That  befidcs  the  Cuftomes  of  Wines  or   L.  2.^-9, 
Strong-waters  aforefaid,  al!  Merchanis  or  Yiaftcrs  of  Strangers  Ships,  wliicii 
fhall  arJve  with  Merchandize,  in  any  of  our  Harbours  of  Bofton  or  Charh- 
town,  and  fhall  make  falc  thereof,  or  of  the  greater  part  of  the  fame, 
fliall  pay  by  way  of  Cuftome  or  jmpofition,  after  the  Rate  of  fix  feme  ^'^?""1>I'<5 
fer  Tun  for  every  Ship,  to  be  paid  out  of  the  faid  Merchandize  i  And  the  bytvc,  (fcip- 
Mafter  of  every  fuch  Ship,  (hall  alfo  pay  ten  jhlirngs  towards  the  main- 
tenance cf  cur  Fortifications,  for  the  cie  encc  of  our  faid  Harbours;  Pro- 
vided no  En£lijli-jhipy  or  other  Ship  or  Vcffel,  Fraught  in  Fii^land^by  anf 
£nglijii  rAan  arriving  in  our  faid  Harbours,  nor  any  VcfTcl  of  our  Con- 
federates, or  any  other  parts  where  our  Sips  are  free  of  Cuflomcs,  Im- 
pofts  and  Taxes,  fhall  pay  the  faid  Cuftome  of  y7x  fence  per  Tun  to  the 
Officer  appointed,  but  only  towards  the  maintenance  of  the  f3:d  Fortifica-  ForaOiipofieo 
tions  ten  fliillings  for  every  Ship  above  the  burden  of  fivo  Hundred  Tum,   Tun  ^'*\-J°^.^, 
ani  Jix  Piillingi  eight  ^emc  for  all  other  VJlliG  and  Ships  under  that  bui-  p^cc.  "* 
den.     \_164j'} 


l.f.rr  lh'pj.6.)8. 


Imfcfi  en  iVlnc  and  Sircng  Llquoy^, 


Wfjereas  the  General  Court  hath  formerly  for  good  and  migky  ReO' 
fans,  laid  an  Impofi  upon  wines  and  Strong-waters  Imported-, 
It  is  thought  expedient  by  this  Court,  for  good  caufes  and  confidcra-  iifpaiitnvj'nt 
lions,  to  fet  a  Rate  iipon  all  Cyder,  Mum,  Ale  and  Beer,  fold  in  pubiick  "^""sL^^rs 
Houfes  licenfed  to  fell  Ajch  things,  that  is  to  fay,  two  jhiilings  fix  peniC  'j^J'g^"".^* 
yer  Hogfhead  upon  all  Cyder,  Ale  and  Beer,  and  fve  finllmgs  per  Hogftiead  pet  nogeiod 
upon  all  Mum,  an(i  fo  in  proportion  thereto,  to  each  of  them  in  gteattc 
or  IrfTcr  quantities. 

And  this  Court  doth  further  Order  thnt  thefe  Rates  or  Sums  abovefaid,  uo^^lJ  *"' 
Le  paid  to  the  Trcafurcr  of  the  Country  or  to  his  AlTigres  in  Money,  by 
every  perfon  Licenfed  to  keep  an  Inne,   Ordinary,  or  Houfc  of  publick 
Entertainment,  within  this  jurifdi<i^:on  whatfoeve**. 

And  to  that  end,  every  perfon  fo  Licenfed ,  and  felling ,  are  Ordcrcl 
and  Required  to  keep  a  true  and  juft  account  of  what  he  or  they  flia'l  fell 
from  time  to  time;  and  that  at  the  end  of  every  Month  or  Wcck^  being 
thereto  required,  after,  the  ptiblicaition.  hereof,  they  fhall  prcfcnt  the  faid 
account  to  the  Trcafurer  abovefaid,  upon  Oc.th  if  required,  or  to  his 
AfTigne,  and  pay  ail  the  Money  due  hereby  j  and  in  cafe  any  of  the  per- 
fons  Licenfed  as  abovefaid,  fhall  refufe  or  negledl  to  do  v/hat  is  above 
Ordered,  upon  eonvitftion  before  any  two  Magiftrates  or  Court  of  th:it 
County  where  the  offence  is  committed,  (hall  pay  treble  damage  to  the 
Country  or  forfeit  his  or  their  Liccnfc,  at  the  difcrctioa  of  that  Authority 
that  (hall  take  Ccgniiaute  Khereof.,[  1C68,  J 


rjO 


Iwpojl. 


with  the  Officer, 


FOr  the  better  Explanation  and  cffeCtucil  Execution  of  the  X^u',  tit. 

S^rs  i.'t.por-  It  is  Ordered  and  Emded  by  this  Court  and  the  Authority  thereof, 

tedjo^bc^fntred  "j-j^jj;  ^\\  Wincs  and  Strong-watcrs  Imported  into  this  Jiirifdidion,  accor- 
ding to  that  Law,  be  entrcd  with  the  Officer  in  particulars,  both  fvT  quan- 
tity and  quplity,  before  any  of  it  be  Landed,  upon  the  penalty  of  the 
forfeiture  of  ail  that  is  Landed  before  it  be  cntred. 

It  is  Ordered  that  the  Impoft  required  by  Law  be  paid  to  the  Off.cer 
in  Money,  or  the  bcft  of  the  fpccic  at  Money  price. 


Jmpoft  u.^on  all  Coeds  and  Frovifom, 

Tjiis  Court  tahjng  notice  cffundry  Cfmpla'.nts  of  much  Inepalitj  in  the 
tycJcyU  way  of  rciifing  Momys  to  defray  rubhcl^Char^es-^ 
Do  therefore  Orda,  and  by  the  Auihoxity  of  this  Court,  be  it  Ordered 
and  Enadcd : 

J.  That  all  Goods,  Wares,  Merchandizes  and  Provifions  of  all  forts 
(exceptii^gFilb,  SheepsWool,  Cotton-wool,  Salt,  and  fuch  other  things  as 
by  former  Laws  are  exempted,  or  othcrwife  provided  for )  which  Irom 
any  forreign  part,  or  other  Jurifdidion,  fliali  be  imported  into  any  of  our 
Harbours,  Ports,  Shores  or  elfcwhere  within  this  Jurifdidion,  fhall  be 
Rated  in  a  juil  proportion  with  Eftatcs  Rateable  in  the  Country,  n;:,.for 
every  twenty  flnllings  value,  fliall  be  paid  one  ^enny  in  Money. 

II.  All  Goods,  Wares  and  Merchandizes  as  aforcfaid,  fhall  be  here, 
valued  as  followeth ;  that  is.  Every  Hundnd  founds  at  the  Pert  or  Place 
from  whence  it  came,  to  be  accounted  here  at  one  Hund;td  and  twcntv 
pounds,  which  pcny^  per  twenty  Shtllmgs^  iTiall  be  paid  by  the  Agent,  Fa- 
<flor,  Owner  or  other  pcrfon  by  whom  they  are  brought,  or  to  whom  the/ 
are  lent  or  Configncd ;  and  fo  according  to  the  fame  proportion  for  all 
greater  or  IclTer  quantities  whatfocver. 

HI.  To  which  end,  all  Goods  and  Provifions  as  aforcfaid  Imported, 
fhall  by  the  Mafter,  Purfcr,  Boatfwain,  or  Skipper  of  each  Ship  or  other 
Veflcl  in  which  they  arc  brought,  before  breaking  Bulk,  or  Landmg  any 
of  the  faid  Goods,  be  certified  unto  the  Country  Treafurcr  or  Collefloj- 
by  him  impowrcd  in  the  feveral  Port  Towns,  or  other  places  where  they 
arc  brought,  on  penalty  of  forfeiture  of  twenty  flnllm^s  fcr  Tun,  ac- 
cording to  the  burthen  of  the  Ship  or  VefTcl  wherein  they  arc  brought 
f>oni  time  to  time. 

IV.  And  all  and  every  fuch  Collcdor,  fhall  carefully  and  trucly  en- 
ter all  fuch  Goods,  with  their  feveral  Marks,  Casks,  Packs,  Fardels, 
Trudfs,  Chcfis,  Truncks,  Cafes,  and  all  other  things  however  called  ordi- 
ftinguifhcd,  with  the  Names  of  the  perfons  to  whom  fuch  Goods  or  other 
Things  are  Tent  and  Ccnfigned,  or  ate  Owners  thereof,  fo  far  as  may  by 
any  lawful  means  be  difcovered. 

V.  And 


Im^ojls. 


V.  And  all  perfons  to  whom  fuch  Goods  or  other  things  aforeraid, 
are  Configncd  or  fent,  or  arc  the  Owners  thereof,  fhall  from  time  to  time, 
before  fuch  Goods  arc  Landed,  fignifie  the  true  and  juft  value  thereof,  by 
(hewing  the  true  and  pcrfe^ft  Invoycc  thereof,  unto  the  aforefaid  Colle- 
ctors for  each  Port^  who  arc  hereby  required  to  Enter  the  grofs  Sum 
thereof  in  a  Book  for  that  purpofc,  what  the  faid  Goods  or  other  things 
amount  unto,  and  fhall  forthwith  demand  and  receive  the  feveral  Rates  or 
Allefsments  aforementioned,  or  cercifie  the  Treafurer,  or  fuch  other  Colle- 
ger or  Receiver  as  is  concerned  therein, 

VI.  And  in  cafe  of  denial  or  delay  of  payment,  the  Colle(fior  Au;ho- 
rizcd  as  aforefaid,  fliall  levy  the  fame  by  dillrefs  upon  the  faid  Goods, at 
the  Rate  or  price  fct  in  the  fnvoycc,  out  of  which  he  fhali  have  two  (Ijii- 
lings  per  pound  for  his  time  and  labour  therein  :  And  for  the  mote  full 
cffcdling  hereof,  the  faid  Colle(ftor  is  impowred  to  require  aid  (if  need  be) 
as  any  Conftabic  may  in  the  like  fervicc,  and  no  man  may  ictuie  toaflifl:, 
upon  the  fame  penalty  the  Law  in  that  cafe  exprefs. 

VII.  If  any  Invoycc  or  Bill  of  Parcels  (hall  be  falfified,  concealed,  or 
not  produced,  of  any  Goods  or  other  things  imporrcd  as  aforefaid,  it 
Iball  be  lawful  for  the  Treafurer  or  CoIleOor,  with  the  SckCt  Men  of 
each  Town  therein  concerned,  to  Rate  all  fuch  Goods,  or  the  Owner,  or 
other  Agent  for  the  fame,  by  Will  and  Doom,  according  to  their  bed 
difcretion;  Provided  it  be  not  Icfs  then /cwr  {'oirnds  per  Tun,  as  the  fame 
ftands  Entrcd  in  the  Bill  of  Lading,  in  the  Boatfwain  or  other  0(Hcers 
Book. 

VIII.  It  is  further  Ordered,  in  reference  to  all  forts  of  Cattle  that  are 
brought  into  this  Jurifdi(flion,  to  be  fold,  killed   or   tranrported,   that  tlie 
Venders  fiiall  give  a  juft  and  true  account  of  all   fuch   Cattle  To  bro\ighL 
to  fome  one  ot  the  aforefaid  OtTlccrs  impowred  to  a<fl  herein,  both  in  rf- 
fpeO  of  number  and  kindc,  and  the  fame  (hall  be  entrcd  in  a  Book  j  and 
the  Owners  of  all  fuch  Cattle,  or  the  pcrfon  with  whom  they  are  truf^cd, 
before  they  arc  fet  to  falc,  killed  or  put  on  Board  any  Veflel   for  tranf- 
port,  fliall  pay  for  every  Head  as   is  cxprelTcd  in  the   Law  tit.    Charges 
Publick^y  upon  penalty  of  forfeiture  of  any  fuch  Bea/V,   or  the  true  value 
thereof,  in  whofe  hand  foever  found  j  the  one  half  to  thepublick  Treafury, 
the  other  half  to  the  Informer. 

IX.  For  all  other  forts  of  Goods,  Hides, Skins,  Beaver,  PeItry,ButtfT., 
Cheefc,  or  other  Merchandize  or  Provilions  brought  into  this  Jurjfdi^jon 
by  Land,  the  Owner,  Fattor,  Agent,  or  other  perlon  in^-uftcd,  Ihall  bcTore 
any  fale  made,  or  before  any  putting  on  Board  any  Vcflel  for  tianfporr.. 
or  other  difpofal  of  the  faid  goods,  make  a  juft  and  true  Entry  thereof, 
as  is  before  provided  concerning  Goods  imported  by  Sea,  and  to  be  Ka- 
ted  one  penny  in  every  tn-cnty  jlillm^s,  the  fame  to  be  paid  in  Money  ti) 
the  faid  Officer,  under  the  penalty  of  forfeiture  as  aforefaid  j  the  one 
third  part  to  the  Country  Treafurer,  one  third  part  to  the  Informer,  and 
one  third  pair  to  the  Collcdor. 

X.  The  Country  Treafurer  for  the  time  being,  is  hereby  impO'.vcred 
and  required  duly  to  execute,  or  caufc  to  be  duely  and  fully  executed 
this  prcfent  Order  m  each  particular  part  thereof  j  who  is  alio  mipowcrcd 

P  2  and 


72  Im^oji. 

and  Authorized  to  depute-  and  impower  all  fuch  OfTiceis  under  him,  aihe 
Ihall  iudge  neceffary  for  the  acccmplifhmcnt  thereof,  who  upon  Warrant 
U  them  dirc<f^ed  (inder  his  Hand  and  Seal,  fhall  attend  the  fame:  And  the 
iaid  Officer  or  OtRcers  fhall  be  accountable  to  the  faid  Trcafurcr,  when  he 
fhall  call  them  thereunto. 

XI.  It  is  alfo  Ordered,  That  fuch  Goods  or  other  things  as  upon  im 
pbrtation  fhall  by  this  Order  be  paid  for,  fhall  not  again  for  that  year  be 
E-ated,  whilft  they  remain  in  the  hands  of  them  that  lb  paid  for  them. 

XII.  In  cafe  the  Treafurcr  or  any  Officer  under  him,  fhall  finde  any 
great  difficult  or  doubtful  cafe  in  the  execution  of  this  Order,  they  (hail 
repair  to  the  Governoiir  and  Council,  or  fo  many  of  them  as  can  conve- 
niently affcmblc,  provided  the  number  be  not  lefs  then  five,  who  arc  here- 
by impowred  to  give  fuch  Order  and  Dire<ftions  for  removing  Obftru- 
€lions,  as  the  major  part  of  them  fhall  judge  expedient,  for  the  effcCiusS 
profecution  of  this  Order. 

And  the  Order  P.cfpefling  Cuflomcs,  made  O&obcr  uss.  is  hereby 
Repealed. 

And  it  is  Ordei-ed  further,  That  this  prefcnt  Law  be  in  force  forthwith 
upon  the  ending  of  this  prclent  Seffions,  and  forthwith  publi/h  in  BoAqI. 
and  Charlstomi,- 


7t  is  Ordered  by  this  Court,  that  this 
fhall  be  the  Seal  of  the  Treafurcrs  Office. 


a: 


(ox  cullomcs 


LthDUgh  there  are  feveral  Orders  made  ly  this  Court ^  cmcernittg  the  re- 
.  ceiving  of  the  Rates  of  Goods  Imported,  yet   it   is    found  by  experience^ 
that  it  falls  jhort  of  attaining  the  full  end  intended  :  For  prevention  vfthe  de- 
frauding of  the  Officer  who  is  appointed  to  Colkfl  the  fame ; 

It  IS  hereby  Ordered,  as  an  Addition  to  what  the  Law  hath  provided 
!^"  *deff"d!ne  in  this  cafe,  that  all  Mafters  of  Ships  or  other  Vcflcls,  comcing  into  our 
oftheoificer      potts  With  any  Goods  Rateable  according  to  Law,  fhall  keep  in  their 
Cuftody  all  fuch  Goods,  till  they  receive  an  Order  from  the  CoUedor  to 
deliver  the  fame,  or  in  defeft  thereof  to  pay  unto  the  faid  Officer  the  full 
value  of  the  Rate  appointed  by  Lav/.     [,  /<^7o.J 


Whether  the  revenue  arifing  by  Rate  or  Cuflome  of  Goods  Imported, 

xcfolvtd.  ^s  alfo  Powder  paid  by  Shipping  belonging  to  StrangeiJ  and  brouglit  into 

the  River  of  Pafcataqua,  is  to  be  returned  to  the  Publick  Treafury  of  thi9 

Country  ?  This  Queftion  is  Rcfolvcd  by  the  whole  Court  on  the  h&t- 

mative. 

Whether  the  Money  already  Collcded  in  Pafcata^ua  River,  vit.  by 

Cuftomea 


Jmprefey,  73 

Cuftomcs  or  Rate  on  Goods  Imported,  &c.  and  for  Powder  p^id  by  fhip 
ping,  that  is,  what  hath  been  received  from  Strangers,  ana  fuch  as  are 
not  Inhabitants  of  the  faid  River,  is  to  be  returned  to  thepublick  Treafu- 
ry  of  this  Country;  this  Qucftion  alfo  was  refolvcd  on  the  Affirmative 
by  the  Court. 

Whether  the  Revenue  arifing  by  the  Rate  or  Cuftom?  layd  on 
Goods  Imported,  belonging  to  the  Inhabitants  of  PajcataquaT^jrer,  which 
is  brought  into  the  faid  River,  is  to  be  paid  into  the  Country  Treafurer: 
This  Queftion  is  Rcfolved  in  the  Negative  by  the  whole  Court.    [_i67t~\ 


J 


IMPRESSES. 


T  ii  Ordered  by  this  Court  and  the  Authority  thereof;   That  in  all  j-^_t.p.9- 
publick  works  of  this  Common-wealth,  one   Magiflrate   and  the  over- 
fecr  of  the  work,  (hall  have  power  to  lend  their   Warrants  to   the   Con-  Labnorrrj  pref- 
flables  of  the  next  Towns,  to  fend  [0  many  Labourers  and  Artificers  as  the  '"^''f'"^^^  ^"^ 
warrant  Oiall  dirc(ft,  which  the  Conftablc  and  two  other   or  more  of  the 
Freemen,  which  he  fhall  chufe,  fhall   forthwith  execute  for  which  fervicc, 
fuch  Magiftratc  and  Overfeer  aforefaid,  fhall  have   power   to    give   fuch 
Wages  as  they  (hall  judge  the  Work  to  dcfcrvc ,     Provided  that  for  any 
ordinary  work,  no  man  Ihail  be  compelled  to  work  from  home  above  one 
week  together. 

2,  It  is  alfo  Ordered,  That  no  man  fliall  be  compelled,  to  any  Pub- 
lick  work  or  fcrvice,  unlcfs  the  prefs  be  grounded  upon  fome  adl  of  the 
General  Court,  and  have  reafonable  allowance  for  the  fame,  nor  fhall  any 
man  be  compelled  in  Perfon  to  any  Orfice,  Work,  Warrs,  or  other  pub- 
lick  fcrvicc,  that  is  nccc/Tarily  aud  fufficiently  exempted,  by  any  natural 
or  perfonai  impediment,  as  by  want  of  years,  greatncfs  of  years, dcfecft  p„c<,n,rrf. 
of  minde,  failing  of  fences,  or  impotcncy  of  Limbs :  for  defeft 

Nor  (hall  any  man  be  compelled  to  go  out  of  this  Jurifditf^ion  upon 
any  offcnfive  Wars,  which  this  Common  wealth,  of  any  of  our  Friends  or 
Confederates,  as  fhall  voluntarily  undertake,  but  only  upon  fuch  vindicfiive 
and  defcnfive  Wars  in  our  own  behalf  or  the  behalf  of  our  Friends  and 
Confederates  as  ihall  be  enterprized  by  the  Council  and  confent  of  a  Gc-  c»tiie3''<>o«*'«» 
neral  Court,  or  by  Authority  derived  from  the  fame.  pocdsda'""''^'^ 

Nor  (hall  any  mans  Cattle  or  Goods  of  what  kinde  foever,  be  PrclTcd,  j."  '!"  .o""""' 
or  taken  for  any   Publick   ufc  or   fervice,    unlets   it    be    by   Warrant,  n^ac  eooJ 
grounded  upon  fome  A(fl  of  the  General   Court-,    Nor  without   fuch  rea- 
fonable Pfi7.cs  and  Hue,  as  the  ordinary  Rates  of  the  Country  do  afi"ord, 
and  if  his  Cattle  or  Goods  fhall  periih  or  fuffer  damage   m  fuch  fervice, 
the  Owner  fhall  be  fufficiently  recompenccd.     [_i6-ti.2 


I  mprtpntm»t. 


ree 


7^  linprifonment.     Indians. 


IMPRISONMENT. 


TT  is  Ordered  and  by  this  Couft  Declared,  That  no  Mans  Perron  fball 
be  Reflraiiicd  or  Impriloncd  by  any   Authority  whatfoevcr,  before  'he 
w'.ioB37la'jie:     ^  g^  jia^j,  Sentenced  him  thereto,  if  hccan  piitin  liiff.cient  Security,  Baile  or 
Mainprise,  for  his  appearance  and  good  Behaviour  in  the  mean  time,  un- 
Icfs  it  be  in  Crimes  Capital,  and  Contempt  in  open    Court,  and   in  fuch 
Cafes  where  fuch  cxprefs  Ad  of  Court  doth  allow  it.     [  y<^-#/.3 


INDIANS. 


-4    2  P  i6.  T2  ^"^  jetlhg  the  Indiani  Title  to  Lands  in  this  fttrifdifficnt ; 
^  jT  It  is  Declared  and  Ordered  by  this  Court  and  Authority  thereof. 

That  what  Lands  any  of  the  Indians  in  this  Jurifdi<f\ion  have  poiTefTcd  and 
improved,  by  fuhduing  the  fame>  they  have  juft  right  unto,  according  to 

induns Title  lo   ^,3^  ;„  Gen.  1.2S.  &ch(i^.  q.  I.  &  Pfal.  i  //.  16. 

Land. 

yind  for  the  further  incourd^ement  of  the  hopeful  xvork^eirmn^  thetriy  for 
the  Cmlidng,  and  helping  them  fortfard   to  Chrtjiiamty ;  If  any  of  the  In- 
dians jhall  he  brought  to  Civil:ty,  and  (hall  tome  aiTtortg  the   Enoltflj  to  In- 
habity  in  any  of  their  Plantations,  end  fhall  there  live  Civtlly  and  Orderly; 
That  fuch  Indians  fhall  have  Allotments  amongft  the  EDgiifli,  according 
c-.v'.iindbns  to   ^^  j|^j,  CuOomc  of  thc  EnglifH  in  like  cafe. 

\7i^2t  """"  Further  it  is  Ordered,  that  if  upon  good  experience,  there  fhall  be  a 
competent  number  of  the  Indians  brought  on  to  Civility,  fo  as  to  be  ca- 
pable of  a  Townfhip,  upon  their  requcft  to  thc  General  Couit,  they  fhall 
have  graunt  of  Lands  undifpofed  of,  for  a  Plantation  as  the  Englifh 
have. 

And  further  it  is  Ordered  by  this  Court,  that  if  any  Plantation  or  Pcr- 

jndin,»nntto      fon  of  thc  Englifh,  fhall  ofterinjurioufly  to  putany  of  the  Indians  from  theiy 

w  diri'ofTt.irti      planting  grounds,  or  Fifhingplaces,upon  their  complaintand  proof  thereof, 

they  fliall  have  relief  in  any  of  the  Courts  of  JuAice  amongft  thc  Englifh, 

as  thc  Englifh  have. 

And  further  it  is  Ordered  by  this  Court  and  the  Authority  thereof,  and 
be  it  hereby  Enaif^cd,  That  all  the  Trad  of  Land  within  this  Jurifdid^ion, 
whether  already  granted  to  any  Englifh  Plantations  or  Perfons,  or  to  be 
granted  by  this  Court  (not  being  under  the  qualification  of  Right  to  the 
Indians )  is,  and  (hall  be  nccounted  the  jtift  Right  of  flich  Englifh  as  al- 
ready have,  or  hereafter  (hall  have  Graunt  of  Lands  from  this  Court,  and 
the  AuthoHly  thereof  j  from  that  of  <?c«ep  /.  2$,  and  the  Invitatioa  of 
the  Indians. 

W'l-^S  ?    And  it  is  Ordered,  That  no  Terfori  whatfoever,  (hall  henceforth 

buy 


Indians,  yj 

buy  Land  of  any  Indian  without  Liccnfe  firft  had  and  obtained  of  thcGc-        ^,^. 
neral  Court,  and  if  any  offend  herein,  fuch  Land  fo  bought  fliall  be  for-  LmdV  x^lans 
feited  to  the  Country. 

Nor  fhall  any  perfori,  fell,  give  or  Barter,  direftly  or  mdireflly,  any  Gun  or 
Guns,  Powder,  Bullets,  Shot,  Lead  to  any  Indian    whatfoever,  or  to  any 
perfon  Inhabiting  out  of  this  Jurildidion :  Nor  fhall  any  amend  or  repair  ",° 'oTto*b«Tral 
any  Gun  belonging  to  any  Indian,  nor  fhall  fell  any  Arniour  or  Weapons,  <j«J  "iiii  ihe  rn 
upon  penalty  oi  ten  pounds  for  every  Gun,  Armour  or  Weapons  fo  fold,     '"^ 
given  or  Bartered,  five  pounds  for  every  pound  of  Pov/der,  forty  flii/lhjpt 
for  every  pound  of  Shot  or  Lead,  and  proportionably  for  any  greater  oj 
lefTcr  quantity.      [,i6jj.  37.^ 


FOT^  Explanation  vf  the  Law,  tit.  Indians ; 
This  Court  doth  Declare  the  Prohibition  there  cipreft,  Referring  to 
the  purchafc  of  Indian  Land  without  Licence  from  this  Court,  is  tobcun- 
dcrflood,  as  well  Graunts  for  tearm  of  years  as  for  ever,  and  that  under 
the  fame  penalty,  as  in  the  faid  Law  is  cxprcft.    [^  iddf.'} 


3.  Whereas  the  French  a;u\  Dutch  and  ether  fcrreim  Nations  do  cr^i-    r  ,  *,  /  r- 
Mitrily  Trade  Guns,  Powder,  Shot,  t<c.  with  Indians,  to  our  great  prejudice 

and  jlrengthentng  and  animating  the  Indians  againfi  us,  And  the  afore- 
jfl/^  French,  Dutch  ^c.  do  prohihit  all  Trade  with  the  Indians  witbin  their 
refpeihve  'jiirifdi{iions,  under  penalty  of  Confifcation,&c. 

It  is  therefore  Ordered  j  That  it  fhall  not  be  lawful  for  any  French-  ro'reJtfnfrsrro- 
mun,  Dutch-man,  or  any  perfon  of  any  other  Forreign  Nation  whatfoever,  ^^^(houJindijns 
cr  any  En^liflj  dwelling  amongft  them,  or  under  them,  or  any  of  theiTi,to 
Trade  with  any  Indian  or  Indians  within  the  Limits  of  our  Jurifdicflion, 
dirciMy  or  inducd'tly  by  themfelvcs  or  others,  under  penalty  of  Confifca- 
tion  of  all  A.ich  Goods  and  VefTels  as  fhall  he  found  fo  Trading,  or  the 
due  value  thereof,  upon  juft  proof  of  any  Goods  or  VelTels,  fo  Trading 
or  Traded. 

And  it  fhall  be  lawful  for  any  perfon  or  perfons.  Inhabiting  within  this 
Jurifdiflion,  to  make  feizure  of  any  fuch  Goods  or  Ve/Tels  Trading  with 
the  Indians  •  one  half  whereof  fhall  be  for  the  proper  ufc  and  benifit  of 
the  party  fcizing,  and  the  other  half  to  the  Country. 

4.  And  hecaufe  the  Trade  of  Furrs  with  the  Indians  in  this  furtfdi-  j. 

Oicn,  doth  properly  belong  to  this  Commonivcaltb,   and  not  unto  particular        ■^7-.-''- 
perfons ; 

It  is  therefore  Ordered,  That  henceforth  no   Perfon  cr  Perfoqs,  di- 
rcflly  or  indirt(ftly,  fl)all  Trade  with  the  Indians  for  any   fort  of  Peltry,  None  to  Xr.Je 
excepting  only  fuch  as  are  Authorized  by  this  Court,  or   bv   fuch   Coin-   ''"" *;!!l  Vt' 
mittee  as  this  Court  Ihall  appoint  from  time  to  time,  under  the   penalty   wnftundtr  pe- 
of  one  Hundred  pounds  fine  for  every  ofTence,  ten  pound  whereof  Ihall  be  "'^"1'°'"'*  "• 
to  the  Informer,  tlic  reft  to  the  Country. 

5.  whereas  feveral  Orders  for  the  preventing  of  Drunkennefs  amon^fl   A  S2  V  23 
tne  -Induns  have  been  made,  yet  notwithjlanding  there  is   tittle    or  no  refor- 
mation :  For  the  prevention  thereof,  and  the  frequent  efeOs  thereof.  Murder 

and  otijer  outrages  amongfl  them; 

This  Court  doth  Order,  that  no  perfon  of  what  quality  or  condition 

Q_2  foevec 


v6  Inaians. 

foever,  fhall  henceforth  Sell,  Truck,  Barter,  or  give  any  ftrong  Liquors  to 
^^oMbUHTjb!;  ^"y  Indian,  dircffHy  or  indirectly,  whether  known  by  the  name  of  K  urn,  ftrong- 
foijor  I'lvtn  to  Waters,  Wines,  ftrong-Bcer,  Brandy,  Cyder,  Perry,  or  any  other  ftrong- 
J,",f''oV'J/5.'  1-iquors,  going  under  any  other  name  whatlbever^  under  the  penalty  of  forty 
jcrpiiu  jhilliii^s  for  one  pint,  and  fo  proportionably   for  greateror  lefltr  c^uantities 

lo  Sold,  Barreled  or  Given,  directly  or  indirecfily  as  abovefaid. 
ayJnd  far  the  better  execution  of  this  Order -^ 
K\\  Trucking  Houfes  erct^cd   (  not  ailov/ed  by  this  Court)  fhall  be 
forthwith  dcmolifhed. 

ny^nd  for  the  better  tffed'mg  of  this  Order -^ 
It  is  Declared  that  one  third  part  of  the  penalty,  fhall   be  granted  to 
the  Informer. 

It  is  alfo  Ordered,  that  fpccial  caie  fliall  be  had  by  the  Grand  jury,  of 
every  Shire  Court,  to  inquire  and  prefent  lo  the  Court  what  ihcy  tmde, 
to  difcover  matter  tending  to  fuch  pra<n:ire,  again/l;  the  true  intent  of  this 
llaw  : 

And  all  other  Orders  giving  liberty  to  fell  flrong  Liquors  to  the  Indians, 
arc  hereby  Repealed;  and  all  Liccnles  formerly   gi anted,  are  hereby  dif- 
ablcd  and  called  in;  Provided  alwaycs,  that  it  is  not    intended  that  this 
.        ,  Law  fhall  extend  to  rcftrain  any  pcrfon  from   any   charitable  a(ft,  in  re- 

ofiicKncf.,  Sic.  lieving  any  Indian  (bona  fide)  in  cafe  of  fuddain  extremity,  by  ficknefs  or 
fainting,  which  calls  for  fuch  help,  not  exceeding  one  dam,  nor  when  any 
Phyfitian  fhall  prcfcribe  in  way  ot  Phyfick  any  of  the  patticulais  before- 
mentioned;  fo  as  upon  fight  of  his  direction  in  writcing,  there  be  al- 
lowance had  under  the  hand  of  one  Magifliatc,  or  where  no  Magilbates 
in  the  Town  refiding,  being  under  the  hands  of  the  Town  CoiunulTioncis 
or  two  of  them.      [_  idj/.J 

A  jS.'^./g.  6.   This  Court  confdering  the  r.eceffity  of  rejlraimng  the  Indians  from 

whatfoever  may  be  a  means  to  dijltirh  our  peace  and  qiaet-^ 

Doth  Order,  That  henceforth  no  perfon  or  perfons  Inhabiting  •within 
this  Jurifdiftion,  fhall  diredlly  or  indire61y  any  wayes  give,  fell,  barter 

fold  loinaijns  Ot  otherwifc  difpofc  of  any  Boat,  Skiffe,  or  any  greater  Vefiel  unto  any 
Indian  or  Indians  whatfoever,  under  the  penalty  of  fifty  founds,  to  be  paid 
to  the  Country  Treafurer,  for  every  fuch  Vefiel  fo  fold  or  difpofcd  as 
aforefaid,     £  '^j^.J 

X. /•]>.  ^S.  y.  It  is  Ordered  by  this  Court,  That  iti  all  places  within  this  Jurif- 

di£tion,  the  Englifh  fhall  keep  their    Cattle  from  deftroying  the   Indians 

r'diln!  i^iL';"  Corn,  in  any  ground  where  they  have  tight  to  plant,  and  if  any  of  their 

coratoi)cf»ti>-   Corn  be  dellroycd  for  want  of  Fencing  orHearding;  the  Town  fhall  make 

^'^'  fiitisfadion,  and  fliall  have  power  among  themfclves,  to  lay  the  charge 

where  the  occafion  of  the  damage  did  arife;  Provided  that  the  Indians 

•fhall  make  proof,  that  the  Cattle  of  fuch  a  Town,  Faim  or  Pcrfon  did  the 

damage. 

t^/nd  for  iiuouragemcnt  of  the  Indians,  towards  the  Fencing  in  cf  their 
Cornfields ; 
Hcipina  Ffnce  Such  Towus,  Farms,  or  Perfons,  whofe  Cattle  may  annoy  them  that 
t  eiiCro'.iii  .  -way,  fhall  Dirctfl,  AfTiIt  and  help  them,  in  felling  of  Trees,  riving  and 
fnarpning  Kails,  and  holing  of  Pofts;  allowing  one  Englifh-man  to  three 
or  more  Indians;  And  fhall  alfo  draw  the  fencing  into  place  for  them, 
and  allow  one  man  a  day  or  two,  towards  the  fetting  up  the  fame,  and 
either  lend  or  felJ  them  Tools  to  finifh  it ;  Provided,  that  fuch  Indians  to 
whom  tJie  Country  o;  any  Town,  have  givcfl,  or  fiiaJl  give  Ground  to 

plant 


Intfians.  jj 

plant  upon,  or  fhall  purchafe  ground  of  the  Englifh,  fhall  Fence  fuch  their 
Corn  Fields  or  Ground,  at  their  own  charge  as  the  EnglKli  do  or  ^lould 
do: 

And  if  any  Indian  refufe  to  fence  their  Corn  Ground  (being  tendred 
help  ai  aforefaid^  in  the  prefencc  and  hearing  of  fufficient  witnefles,  they 
Ihali  keep  off  all  Cattle,  or  lofe  their  damages. 

And  it  is  alfo  Ordered,  that  if  any  harm  be  done  at  any  time  by  the 
Indians  unto  the  Euglifli,  in  their  Cattle  ;  the  Governour  or  Deputy   Go-  }"fl^^i%^/ia 
vernour  with  two   of  the  AlTiftants,  or  any  three  Magiftrates,  or  any   csltie 
County  Court,  may  order  fatisfa(^ion    according    to  Law  and  Jufticc. 
[^  id.^0.  4S.2 

8.  Whereas  arte  end  in  phntiftg  thefe  parts  was  to  propagate  the  true  Re- 
ligion unto  the  Indians,  and  that  divers  of  them  are  lecome  fubjefl  to  the  EnfliOf 
and  have  eu^a^ed  themfelves  to  he  willing  and  ready  to  underjimd  the  Law 
of  God; 

(t  is  therefore  Ordered,  That  fuch  necefTary  and  wholfome  Laws  which  u«..obe  puV 
are  in  force,  and  may  be  made  from  time  to  time,  to  reduce  them  to  civi-   hihediuihcin 
lity  of  life,  (hall  be  once  a  year  (if  the  times  be  fafe)  made   known  to   *"'"" 
them,  by  fuch  fit  pcrfons  as  the  General  Court  ftiall  appoint. 

9.  For  the  better  Orderin?  and   Governing  the    Indians  fubje^  to  as,   ^     ^^ 
efpecially  thofe  of  Natick  and  Punquepaog ;  •  «/   - 

It  is  Ordered  that  whomfoevcr  the  Court  fhall  appoinf,  do  take  care 
that,  all  fuch  Indians  do  live  according  to  our  Laws,  as  far  as  they  are  ca- 
pable, and  to  that  end  fhall  be  Authorized  to  .conftinite  and  appoint 
Indian  CommifTiioners  in  their  feveral  Plantations,  to  hear  and  determine 
all  fuch  matters  that  do  arife  aniongfl:  themfelves  as  one  Magnftrate 
may  do  amongft  the  Englifh,  with  OfKcers  to  execute  all  Ccmnianfls  and 
Warrants,  as  Marilial  and  Conftables-. 

And  further  they  joyntiy  fhall   have  the  power  of  3  County  Court 
to  hear  and  determine  all  caufes   arifing  among  them,  the    EngliO,   Ma'  L7~ih. 
riftratc  appomting  the  time  and  place  of  the  Court,  and  confenting  to  the   '"^''"'••- 
determination  or  judgement,  and  all  other  matters  beyond  their  cognizance 
fhall  be  iflued  and  determined  by  the  Court  of  Afliftants. 

10.  And  it  is  Ordered,  'hat  no  Indian  fliall  at  any  time   Fcwa^v  or   po„,wsfo.bid 
perform  outward  wor(hip  to  their  falle  Gods,  or  to  the  Devil,  in  any  part   d'"- 

of  our  Junfdi<ftion,  whether  they  be  fuch  as  fhall  dwell  here  or  fhall  come 
hither;  and  if  any  fliall  tranlgrefs  this  Law,  the  Powawer  fhall   pay  five 
founds,   the  procurer  five  pounds,  and  every    other   countenancmg  by  his   r        , 
prefence  or  otherw.le  (  being  of  age,  of  difcretion  )   tmn^y  pu//m<(s,  and    rirjn  i.di'nV 
every  lown  fhall  have  power  to  reftrain  all  Indians  that  fhall  come  into   fr'^Pr/X'""^ 
their  Towns  from  p/ophaning  the  Lords  day.      [  ,6js,  37,  40,  41,  Uy      ' 
46-,4S,  j^,f/,x8.']  ' 

WHeveas  the  fin  of  Drunkemefs  aniongfl  the  Indians  doth  much  inmafe 
mtwithfiavdmg  the  Laws  provided  againfi  that  crytnf  fin-  order  to prp-.nf 

This  Courr  doth  therefore  Order,  that  any  perfon  or  perfons,  jhal  fhall  fee     ''^C         '"• 
know  or  rinde  any  Indian  with  any  ftrong  Liquors,  Wine  or  ftrong  Drtnk  that 

fuch  Indians  have  any  way  gotten  without  Order  as  the  La  w  dirt-Os,  fhall  ii.ive 
power  to  feizc  the  fame,  and  to  deliver  the  faid  ftrcmg-Drink  to  the  Conflables    '"^'''  «'-« >-;, 
of  the  Town   or  Place  where   fuch   Indiana  are  found,   with  their  pcrfons    "^Z^Ll^' 
10  be   conveyed  before  feme  Magif>rate  0:   CommifTioner ,  whbhave  '«^"''      ^ 

^  power 


78  Indians, 

power  to  deal  in  fUch  cafes ;  and  fuch  Indians  as  are  found  Drunk,  being 
apprehended,  end  will  not  confefs  how  or  where  they  had  the  faid  Wine, 
Liquors,  or  ftrong  Drink,  fhall  be  fecured  or  imprifoned  until  they  make 
a  juft  acknowledgement  where  they  had  their  Drink  oforefaid,  or  commit- 
ted to  the  Houfe  of  Corred^ion,  and  there  labour  to  difcharge  the  charge 
of  their  provifion. 
Thoif  a^fofiiioa       ^^'^  if  any  fuch  Indian  do  accufe  any  perfon  for  felling  or  delivering 
agiii,'.A'p"'on'si2   flrong  Drink  unto  th'jm,  fuch  Indian  accufation  fhall  be  accounted  valid 
irfrthrputy"'   againA  any  fuch  perfon  accufed^  except  fuch  perfons  fhall  clear  then  felvcs 
cifar  himfdt  on   by  taking  their  Oath  to  the  contrary,  any  Law  or  Cuftomc  to  the  con- 
oatii.scc.  jj.^j.y  notwithftanding. 


And  it  is  alfo  further  Ordered,  that  whatfoever  Indian  fha'I  hereafter 

ifOfunVto  pay    be  taken  Drunk,  (hall  pay  the  fum  of  ten  flnHmgs  or  elfe  be  whipt,  "by 

bc"whip"w?ih°'    laying  on  ten  Jinxes,  according  to   the  difcretion  of  the  Judge,  whether 

lenfttijiesj&c.      Magiftratc  or  CommifTioner  who  (hall  have  cognizance  of  the  cafe:  And 

in  all  Towns  where  no  Magiftrate  or  Commiflioners  are,  fuch  Cafes  (hall 

be  judged  by  the  Sele(fl  men  or  major  part  of  them.    [_t666.'^ 


1^  J  ,,    TT  Is  Ordered  by  this  Court  and  the  Authority  thereof,  That  henceforth 
4Vrp'eitry''K    *  cvcry  pcrfoH  that  is  ©r  fhall  be  allowed  by  the  Treafurer  of  the  Country 

"ud""'""  "^"    *°  "^™^^  ^^'^''y  ^^  ^'^'"*  ^'■''^  '^^  Indians,  (hall  have  libcny  to  fell  unto 
any  Indian  or  Indians ,  not  in  Hoftility  with  us,  or  any  of  the  Englilh  in 
New  Bttflandy  Powder,  Shot,  Lea^,  Guns,  (i.e.  )  Hand  Guns,  Rapier  or 
S\vord  blades  i  Provided  he  or  they  pay  unto  the  Country  Ti-eafurcreveiy 
half  year  in  money,  fixpetrce  a  pound  for  every  pound  of  Powder,  yTxpenre 
TS'"7/y'ing    ^^^  *^very  tfK  pounds  of  Shot  or  Lead,  three  p^iHwp  for  every  Gun,  three 
to  the  coo.nry    jl,i/ltn£s  for  every  dozen  of  Rapier  or  Sword  blades,  and   fo  proportion- 
J'uvm^lffoZ-    ably  for  any  quantity  that  he  or  they  fhall  fell  to  any   Indian  or  Indians; 
i€3,t.i:.  35^  every  fuch  perfon  allowed  to  Trade  as  aforcfaid,  fbal!  upon  Oath  de- 

liver to  the  Treafurer  a  tiue  and  juft  account  of  the  particulars  of  the  3- 
bovcmcntioned  Commodities,  by  him  or  them  fold  unto  any  Irdian  or 
Indians. 

And  it  is  fuithcr  Ordered,  that  any  perfon  allowed  as  before,  that  ftialt 
be  convi(fled  before  any  two  Magiftrates  or  County  Cotirt,  of  felling  crtar- 
tcring  any  of  the  forementioned  Commodities   unto  any   Indian,  whereof 
he  or  they  have  not  given  a  true  and   jufl:  account,  and   made  due  pay- 
ment unto  the  Treafurer  as  is  above  exprcfTcd  j  every  fi'oh  pctfcn  01  per- 
fons (hall  forfeit  to  the  publick   Trcafuty,  five  pounds  jlerlmg  for  everjr 
■pound  of  Powder,  ^pf  pounds  for  every  ten  pounds  of  Shot  or  Lead,  im 
pounds  for  every  Cun  great  or  fmall,  and  ten  pounds   for  every  dozen  of 
Rapier  or  Sword  blades,  and  fo  proportionably   for  any  quantity  of  the 
afoieCaid  Commcxiities  fold  or  bartered  by  him  or  them  to  any   Indian  or 
Indians:  and  all  perfons  except  fuch  as  are  alIowed,are  hereby  prohibited  from 
Celling  any  of  the  forementioned  Commodities  unto  any  Indian  or  Indians, 
upon  the  penalty  expreficd  m  the  Law,  tft.  Indians,  SeO,  2.  And  this  Or- 
der to  continue  in  force  during  the  Courts  pleafurcj   any  Law  or  Order 
to  the  contrary  notwithftanding.     \^i66s.^ 


Inditements 


IndUemeyiti.  In-keqtrs.  79 


INDITEMENTS. 


IT  is  Ordered  by  this  Court  j  That  no  perfon  fhall  be  Indited,  Frcfcntcd,  ^J^P-  ">• 
Informed  againft,  or  Complained  of  to  any  Court  or  Magifbate  wiihin 
this  Jurirdi(ftion,  for  the  breach  of  any  penal  Law,  of  any   other  mifde- 
meanour,  the  forfeiture  whereof  belongs  to   the  Country,  un)efs  the  f^id  (.p^pj..„jj  5„j 
Indiicmcnt  or  Complaint,  be  made  and  exhibited  within  one  year  after  f<tU^^trnH  to 
the  oflFcnce  be  committed;  and  if  any  fuch  Jnditenicnt,  Prefentment,  In-  ^^^^^^f «""'"' 
formation  or  Complaint  be  not  made  within  the  time  limited,  then  the 
fame  fliall  be  void  and  of  none  effedt . 

Provided  alwayes,  this  Law  fliall  not  extend  to  any  Capital  Offences, 
nor  any  Crimes  that  may  concern  lofs  of  Member  or  Banifliment,  or  to 
any  Treafonable  Plots  or  Confpiracies  againft  the  Common-wealth,  nor  to 
any  Felonies  above  ten  Jhillin^Sj  nor  fhall  it  hinder  any  perfon  grieved, 
or  that  hatii  any  wrong  done  to  him  or  his  Wife,  Children,  or  Servants^ 
or  Eftate ,  real  or  perlonal,  but  that  every  fuch  perfon  fhall  nave  fuch 
remedies  as  formerly  he  might  or  ought  to  have.  [^  '^sz.'^ 


InheeperSy  Ordlnarks.    Ti£^itf£,  Drunkenness. 


FOraJiftMh  as  there  is  a  neccjfary  ufe  of  f/oufis  of  Common  Entertainment 
in  every  Cofmnonwenlth,  mid  of  fuch,  as  detail  ivinc,  "Beei  and  FifJunls^ 
y-i  bccaiife  there  are  fo  many  ahufcs-,  both  by  ferfons  emertaming  andty  ferfons 
entertained  ■, 

!t  is  therefore  Ordered  by  this  Court  and  Authority  thereof;  That  no  Nowto  Kmp 
pcifon  or  pcrfons  fhall  at  any  time,  under  any   pretence  or  colour  uhat-  oua^crtfc** 
focNcr,  undertake  to  be  a  Common  VicTtuallcr,  Keeper  of  a  Cooks  fhop, 
DC  Houfe  for  Common  Entertainment,  Tavemer,  or  pubi'rck  Seller  of  Wine, 
Ale,  Beer,  or  Strong-waters  by  Retail,  (  nor  fhall  any  fell  Wine  privately 
in  his  Houfe,  or  out  of  doors,   by  a   lefs  quaatity  then  Quarter  Cask) 
without  approbation  of  the  Selefted  Townfmcn,-  and  Licenie  of  the  Coun 
ty  Court  where  they  dwell,  upon  pain  of  forfeiture  of  fire  pundi  for  eve-  ji,,r. 
Ty  fuch  ofiencc,  or  Imprifonmcnt  at  the  pleafurc  of  the  Court. 

Provided,  it  fhall  be  lawfuf  for  any  whole  falc  "Merchant  of  Wines,  or  t.Sfriyto  Ml 
the  prcfent  Stillers  of  6trong-waters,  bemg  Mailers   of  Families,  or   fuch  win.?t*^w^j 
as  receive  the  fame  from  forreign  partem  Cafes,  &c.  or  makers  of  Cyder  *^  *"  ''  " 
to  fell  by  Retail;  Provided  the  quantity  of  Wine  and  Cyder,  be  not  lefs 
then  three  Gallons  at  a  time  to  one  perfon,  nor  Strong-waters  lefs  then  3 
quart ;  and  that  it  be  only  to  Mafters  of  Families  of  good  and  honeft  re- 
port, or  perfons  going  to  Sea ;  and  they  fuffer  not  any  perfon  to  drink 
the  f-vme  in  their  Hotifes,  Cellars  or  Yards. 

And  every  perfon  fo  Licenfcd  for  Common   Entertainment,  (hall  have  ord;mti«  to 
feme  inoffcnfjvc  Sign,  obvious  for  dire<nion  of  Strangers,  and  fuch  as  have  lavtSigaes 

R  2  no 


8o  In-hfepers. 

no  Tiich  Signe  after  three  Months  fo  Licenfed,  Oiall  lofe  their  Licenrc,2nd 
others  be  allowed  in  their  ftead. 

li'S.p.ij.  2.  And  every  perfon  Ljccnfed  to  keep  an  Ordinary,  (hall  alwayes  "be 

^.Si.p.4-  provided  of  Strong  Wholfonic  Beer,  of  four  Biilhelsof  Malt  (  atthelcifl) 

-^•SS-P'9-  to  a  Hogfhead,  which  he  fliali  not  fell  at  above  twopence  the  Ale  quart. 

To  bf  alwayes  Upon  penalty  oi  forty  JlitHm^s  for  the  firft  offence,  and  for  the  fecond  of- 

ft7ongBfu"3..d,  ^^"'^c  ^'^  'o'e  his  Liccnfe. 

And  it  is  permitted  to  any  that  will,  to  fell  Beer  out  of  doors,  at  one 
^emty  the  Ale  quart  or  under. 


jiei  guart. 


W' 


Four  Eulhcls  of 


^Her  the  Law  tit.  In-keepers,  Seft.  2.  hath  provided,  that  every 
pirj'on  Licenced  to  k§ep  an  Ordinary,  pall  alwayes  be  provided  of 
Jlmi^  nholfome  Beer,  of  four  Bufhels  of  Alalt  at  the  kafi  to  a  Uo^jhead^ 
ivhieh  w^s  Intended,  and  is  hereby  Declared  to  be  of  ^oci  3arly  Malt,  net 
to  be  fold  for  above  two  pence  the  u^le  quart,  on  penalty  as  in  the  -faid  Law 
is  Oxprejfed,  notwithjlanding  rvhich,  many  ket:pei'i  of  Inns  and  Ordinaries  as 
yfgardlcfs  of  ihe  faid  Law,  or  of  the  dcbafmg  of  the  produce  of  the  Count ry, 
take  liberty  to  make  and  fell  Drink.  Brevjed  of,  or  mixed  with  MelaJfeSy 
cmtrfe  Sugar,  or  other  Materials,  to  the  damage, ^ufl  offence  and  prejudice 
of  fundry  perfc^s; 
^Trumu'ln'a  '^f  is  therefore  Ordered  by  this  Court  and  the  Authority  thereof,  that 

Hogfhead  no  perfon  L»cenfed  as  aforefaid,  fball  after  publicattOTi  hereof,  fell  or  any 

waycs  utter  any  Beer,  Ale  or  Drink  inftead  thereof,  by  Retail,  that  is  not 
mnde  altogether  of  good  Barly  Malt,  without  any  mixture  ot  MelaiTes, 
courfe  Sugar  or  other  Materials  inflead  of  Malt,  on  penalty  of  five  pounds 
for  every  fuch  offence,  one  half  to  the  Informa,  the  other  half  to  the 
County  where  fuch  offence  fhall  be  committed  j  bcfides  the  penalties  in 
the  former  recited  Law  exprelTes,  on  Complaint  toanyMagiflrate,  County 
Court  or  Commiflioner  for  Boflon,  unUfs  the  party  complained  of,  fhall 
legally  prove  his  or  her  Innocency  therein,  in  which  cafe,  it  (hall  be  in 
the  liberty  of  the  Authority  as  aforefaid,  to  accept  the  Oath  of  fuch  per- 
fon if  tendred  to  him  or  them,  if  they  fee  caufe :  And  the  Authority 
aforefaid,  are  hereby  impowred  to  hear  and  drterminc  Aich  Complaints  ; 
any  Law,  Cuftome  or  Ufagc  to  the  Contiaory  notwithftanding.      ['^^/J 

i^.ipso-  3.  And  no  Licenfed  perfon  as  aforefaid,  fhall  fuffer  any  to  be  Drunk, 

or  to  Drink  Exceffive'y,  viz..  above  half  a  pint  of  Wine  for  one  perfon  at 

N°<*oreimir     a  time,  or  to  continue  Tiplmg  above  the  fpacc  of  half  an  hour,  or  at  un- 

&c.  '""  feafonable  times,  or  after  nine  of  the  Clock  at  night,  in,  or  about  any  of 
their  Houfes,  on  penalty  of  y!w  fhi/lin^s  for  every  fuch  offence. 

L-^.p.i.  And  if  any  perfon  Licenfed  to  fell  Wine  or  Beer  as  aforefaid,  fhall  conceal 

in  his  Houfcany  perfon  that  fhall  be  found  Drunken,  and  fhall  not  forthwith 

Dfiin^rdT'^'  P''°'^"''2  3  Conftable  to  carry  fuch  Drunken  perfon  before  feme  Magi- 
ftrate  or  CcmmifTioner,  and  in  the  interim,  the  faid  Vintner  or  Drawer  of 
Beer,  fhall  make  Aay  of  fuch  perfons  till  the  Conftablc  (hall .come,  under 
the  penalty  cf  five  pounds,  for  every  default. 

L.iP-j9.  4"  ^"^  *^^'y  perfon  found  Drunken, fit.  fo  as  he  be  thereby  be- 

reaved or  diXabled  in  the  ufe  of  his  underftanding,  appearing  in  his  fpeech 

or 


Jn-kiCp3r 


8i 


or  geflure,  in  any  of  the  faid  Houfes  or  elfewhere,  fhall  forfeit  ff;ijJ;;//i>;^.f, 
and  for  cxcefiive  Dnnkitig  three  jhillm^s  four  fewcf,  and  for  continueing 
above  half  an  hour  Tipling  two  [hillings  fix  fence,  and  for  Tipling  at  un- 
feafoiiable  times,  or  after  nine  of  the  Oock  at  night  fve  flii/linp  for  every 
Offence  in  thofc  particulars,  being  lawfully  convidt  thereof,  and  for  want 
of  payment,  they  (hall  be  imprifoned  till  they  pay,  or  be  fetin  tlic  Stocks 
one  hour  or  more  (in  fomc  open  place)  as  the  Weather  will  permit  not 
exceeding  three  hours. 

J.  And  if  any  perfon  be  found  Drunken,  by  night  or  by  flay,orfhall 
in  his  Drunkennefs  offer  any  abufe  to  the  Con.labie  or  others,  either  by  fti  i-. 
Iting  or  reviling  him  or  them,  or  ufing  tny  endeavours  by  himfelf  or  o- 
thers  to  make  aa  efcape,  it  (hall  be  in  the  power  of  the  Conrtable  to 
commit  fuch  perfon  or  perfoos  to  fafe  keeping  or  imprifonment,  or  take 
Bond  for  Ins  appearance,  as  he  fhall  fee  caufe  j  and  the  Keepers  of  each 
Prifon,  upon  Warrant  from  any  Magiftrate,  or  CommifFior-er,  or  Seleft 
men,  fhall  receive  a",  fuch  as  fhall  be  fo committed. and  Izkehuttwelve 2ence 
for  his  feem  fuch  cafes. 

And  the  Conftable  fhall  inform  the  next  Magiftiate  thereof,  but  if  no 
Magiftrate  be  in  Town,  he  fhali  convent  fuch  perfon  or  perfons  before 
one  or  more  of  the  CommilTioners  for  ending  fmall  caufes,  and  where  no 
Commiliioneis  are,  before  any  one  or  more  of  the  Scledt  men  of  the 
Town,  who  have  pov/er  given  them  fo  do  as  any  one  Magiftrate  may  do 
in  like  cafe^  Provided  neverthelefs,  if  any  fuch  Delinquent  fhall  confefs 
his  fault,  and  pay  his  fine  and  other  charges,  the  Conftable  fhall  receive  It 
and  difmifs  the  offender,  and  every  perfon  hereby  Authorized  to  receive 
the  fines  aforefaid,  fhall  forthwith  make  return  to  the  Treafurer  of  the 
County  where  fuch  offence  is  committed,  of  what  he  hath  done  and  re- 
ceived in  fuch  cafes. 


DrjnVcqltr;. 
Tipl'ng  the  ft 


Drunilards  afcd- 
fing  tlic  Co-n«. 
"blc  tobcccm- 
ir.iltcd 


COTiJcntfd  ^e- 
forcfbmcMsJ'ft. 
CoTrmiinionrt  of 


6.  It  fhall  be  lawful  notuithftanding,  for  all  Licenfed  perfons  to  en-    .         ^^ 
tertaui  Land  travellers  or  Sea-faring  men  in  the  night   feafon,  when  they       '  "''^ 
come  on  fhore  or  fronn  theit  journey  for  their  necelTary  refrefhment,  or  Tri«ierjefit«f. 
when  tliey  prepare  for  their  voyage  or  journey  the  next  day  early,  fo   Jj^X^"^"" 
llicic  be  no  difordcr  among  them,  and   alfo   Str?ngers,   Lod^rs  or  other 
perfons  in  an  orderly  way,  may  continue  in  fuch  Houfes  of  Common  En- 
tertainment during  meal  times,  or  upon  lawful  bufinefs   what  time  theic 
occafioM  fhall  require. 


7.  Kor  fliall  any  Merchant,  Cooper,  Owner  or  Keeper  of  Wines,or  other 
perfons  that  have  them  in  thcr  cuftody,  fufFer  any  perfon  to  drink  to  Excefs  or 
DrunT<eniiefs  in  any  of  their  Winefeilers,  Ships  or  other  Velfels,  or  places 
where  Wines  do  lye  on  pain  to  forfeit  for  each  perfon  fo  doing,  tenjhillin^s. 

Morftiall  any  perfon  Licenfed  to  fell  Strong  waters,  or  any  private  Hon  fe-  J.s4p-2. 
keeper  permit  any  perfon  or  perfons  to  fit  Drinking  or  Tipling  Strong-waters, 
Wine  or  Strong  Beer  in  their  Houfes.  And  if  any  fuch  Seller  of  Strong-wa- 
ters or  private  Houfekeeper,  fhall  be  legally  convii^ed  before  any  County 
Court,  any  one  Magiftrate  or  Commiffioners  Court,  fuch  perfons"  fhall  for 
the  firft  offence  be  fined  twentj  flnlliri£j,  and  if  the  party  fo  convidted  be 
not  able  ro  pay  his  fine,  he  (hall  be  fcr  in  the  Stocks,  where  he  fhall  ccn 
tinuc  one  whole  hour,  and  if  any  fuch  Seller  of  Strong  waters  fhall  be 
convi(!^ed  as  aforefaid  of  a  fecond  Offence  of  the  fame  nature,  he  fhall 
forfeit  his  Licenff,  and  (liall  alio  pay  twrniy  fhllltngs  as  a  fine  to  the 
Country,  and  if  any  private  Houfekeeper,  ftiall  be  convi(fted  as  afore- 
faid of  a  fecond  Offence  agajnft  this  Lav,  he  fhall  pay  a  fine  o^  fve  pounds, 

S  and 


Coop :Ti  Stc.lict 
be  DfuaK 


Piivite  Houfe- 
Kcepcrs     lot   lo 


Uppleiri 
Honfi-s 


Firrt  ofTcncc  to. 9 


olTirie 


g2  ln-i;irpers. 

.Tid  for  a  third  offence-  fut-li  perion  or  perlons  belnj;  foccpvi<fifcl,  fhallbe 
gooUbehevi'our.  bound  to  iheir  good  Behaviour  in  tvfcmy  pound  Bond,  uijh  ivo  fiifficicrt 
Sureiies,  or  be  commiued  to  Pn'ou. 

L.i-p.  ^0.  S.  And  if  any  perfon  oflcnd  in  Dmnkenriers,  exccHive  or  long  Dunk- 

ing the  fecond  time,  they  fliall  pay  double  hna:. 
Drunk  the  r-.  ^^d  if  they  fall  into  the   fame  offence  the  third  time,  ihcy  fhall  pay 

doubiTsne         treble  the  fines,    and  if  the  parties  be  not  able  to  pay  the  fines,  then  he 
that  is  found  Drunk  fhall  be  pumfhed  by  whipping,  to  the  tiumbcr  cf^fw 
ihirdire  e       yj^j^f j  ^  gptj  he  that  oFcnds  in    exLeflive   or  long   Dnnlung,   fhall  be  put 
into  the  Stocks  for  three  hours,  when  the  weather  may  not  hazard  his  life 
or  limbs, 
foiirihtmie  im.       j!\nd  \f  they  offend  the  fourth  lime,  they  fhall  be  imptifoned  until  they 
yrifonnicnt        ^^^  -^  ^^^  fufficient  fureties  fo)  fheir  good  Behaviour. 

9.  And  it  is  further  Ordered,  Tliat  if  any  perfon  that  kcepeth  orhcrc- 
j-.).cjr«'*  """  af^if''  f^=i"  keep  a  coiPinon  houfe  of  Fnieriainmcpt,  fhall  be  lawruliy  con- 
"Irei^ce'"*''"'     ^'<^^^<^  'I'f  t^"''!  l'i^^7  ''°''  3"y  offence  aga-'nft  this  Law;  he  fhali   (for  the 

fprtce  of  three  years  next  enfueing  the  (aid  conyitflicin  ibedifobled  to  kec^"» 
»..,fcUclif!r  i-i-  gj,y  j-^jj.},  y,oif[Q  of  Entertainment,  or  'el!  Beer,  or  the  like,  unlefs  the  Coin  t 

aforcfaid,  flial!  Ice  caufe  to  continue  hiin. 


JO    It  is  further  Ordered,  that  every  In-keeper  or  Vicflualler,  fliall 

STo/ifion  for      provide  for  the  entertainment  cf  Strangers  Horfcs,  viz..   one  or  more  )n- 

*^*'' "  clofures  for  Summer ;  Hay  and    Provender  for  Winter,  with  convenient 

Stable-room  and  Attendants,  under  the  penalty  of  ivpu  jlnllin^s  fxpencefot 

every  dayes  default,  and  double  damage   to  the  party  thctcby  urongcd, 

except  it  be  bv  inevitable  accident. 

71,  And  it  is  further  Ordered  by  the  Authority  aforesaid;  That  no 
vi.tnfrsto  pay  Taverner,  Seller  of  Wine  by  Retail  Licenfcd  as  afortfaid,  fhall  take  above 
50S-1'"'  ^fifii  pound  profit  by  the  Butte  or  Pipe  of  Wine,  (and  proportionably  for 

all  other  Veflels}   towards   his  \v;ific   in  drawing   and   oihcrwife.  ovit  of 
which  allowance,  every  fuch  Taverner  or  Vintner,  fliall  pay  fifty  fallings 
by  the   Butte  or   Pipe,  and   proportionably   for  oil   other  Vcflels  to  the 
Country;  for  which"  they  fliall  account  with  the  Ireafurcr  or  his  Deputy 
every  fix  Months  and  difcharge  the  fame,  all  which  they   may  do  by   fel- 
ling yi'xpfi.tf  a  quart  in  Retail     which  they  fhall   no   time  exceed)   more 
then  it  cofl  by  the  Butt  :  Belldcs  the   benefit  of  'heir   Arc  and  Myftcry 
which  they  know  how  to  make  ufe  of. 
Topivs  noiue        ;\nd  every  Taverner  01  Vintner  fliall   give   a  true   account:  and  notice 
*hjrvvine'i^^i--y  ^"^^^  'f^^  Trcafurcr  or  his  Deputy,  of  every  Velfel  of  Wine  he  buyes  from 
biii  time  to  tinie  within  three  dayes,  upon  pain  of  forfeiting  the  fame  or  the 

value  thereof,  the  one  half  to  the  Country,  the  other  half  to  thcTreafurer 
and  Informer. 

And  it  is  Ordered,  that  the  faid  Impofl-,  fhall  from  time  to  time  be  paid 

d/l-l^'  in  Wines  at  Merchantable  price,  or  other  equivolent   Merchantable   good 

pay,  to  the  content  of  the  Treafurer,  and  that  the  Trenfurer  fhall  take  fpe- 

cia!  care  in  collcding  the   fame;   who   is   hereby   irnpowred  to   fubfiitute 

fuch  Deputies  under  him  as  he  fhall  fee  meet  m   the   reveral   Towns  for 

Tr,-jror<rio        his  help  and  fujtherance  herein;  for  all  which  pains  and  care,  he  fhall  be 

*"/'.'■' -f^l^    allowed  iwn  (hillinos  in  the  pound  of  all  fuch  Impofts  as  he  fhall  bring  into 

hiS  Annua!  account  uiin  the  Country. 

Provided  alwayes,  that  if  any  Vintner;  Taverner  or  Retailer  of  Wir>p% 

ihal! 


h-h^epen. 


85 


(hall  give  an  account  "to  the  Trcafurer  of  any  part  of  any  Wine  entrcd  as 
abovefaid,  that  he  hath  fold  away  again  by  wholefale,  being  no  lefs  in 
quantity  then  a  Quarter  Cask  to  one  perfon  at  one  time,  and  (halltriiely    .^„p^.^c  (f^g„g- 
certifie  the  perfon  who  had  it,  and  the  time  when;  fuch  perfon  or  pcrfons   w'»(cr"togi>e 
fliall  be  a'bated  of  their  Impoft,  in  proportion  to  what  tlicy  have  fold.         M^'r^rJldiio 

And  all  fuch  as  Retail  ftrong  Waters,  fhall  in  \ike ma.nner pay  trvo pence    zisj'.s 
upon  every  quart  to  the  ufe  of  the  Country,  who  fhali  alfo  give  notice  to 
the  Marfhal  General  of  every  Cafe  and  Bottle,  or  other  quantity  they  buy 
within  three  daves,  upon  pain  of  forfeiture  as  before 

12.  And  it  is  Ordered;  That  in  all  places  where  Weekday  Lcdures   L.j.h.^j. 
are  kept,  all  Taverners,  Viduallers  and  Ordinaries,  that  arc  within  one 
mile  of  the  Meeting-houfe  to  which  they  belong,  fhall  from  time  to  time   crainary-iKpei 
clear  their  Houfes  of  all  perfons  able  to  go  to  Meeting,  during  fhe  time  |,orr'«'in"'mcet: 
of  the  exercife,  (except  upon  extraordinary  caufe,  for  the  neceflary  rcfre-    'ngtiqc 
fhing  of  Strangers  uncxpedeiJy  repairing  to  them)  upon  pain  of  (ivsjliil- 
Vmgs  for  every  fuch  offence,  over  and  befides  the  penalties  incurred  b/ 
this  Law  for  any  other  difotder. 


heir  8c  deierwia 


r>plM"li3cntJT<'_ 
flimony 


13.  It  is  alfo  Ordered,  That  all  ofFenccs  againll  this  Law,  may  be 
heard  and  determined  by  any  one  Mp.giilratc,  who  (hall  hereby  have  po- 
wer by  warrant  to  fend  for,  and  examine  parties  and  witnefTes  concerning 
any  of  thcfe  olfcnccs  :  and  upon  due  convi<ftion  cither  by  view  of  t^cfaid 
Magtftrate,  or  Affirmation  of  the  Conftablc,  and  one  fufiicjent  witnefs 
with  circumftances  concurring,  or  two  witnefTes,  orconfelTioiiof  theparty^ 
to  leavy  the  faid  fevcral  fines,  by  warrant  to  the  Conftablc  for  that  end. 

And  if  any  perfon  fliall  voluntarily  confefs  his  offence  againft  this  Law 
in  any  the  particulars  thereof,  his  Oath  fhall  be  taken  in  evidence  and 
ftaad  good  againll  any  other  ofltending  at  the  fame  time. 

14.  It  is  further  Ordered  by  the  Authority  aforefaij.  That  al!  Con-    ?!""u V' ^^^^jj . 
ftables  may,  and  fliail  from  time  to  time,  ducly  make  fearch  throughout   n,riti  " 

the  limits  of  their  Towns  upon  Lords  dayes  and  Lecfture  dayes  in  times  of 
exercife,  and  alfo  at  all  other  times  fo  oft  as  they  fhall  fee  caufe,  for  all 
Offences  ar^d  Oirendcrs  againfl  this  Law,  in  any  the  particulars  thereof. 
,  And  if  upon  due  Information  or  Complaint,  of  any  of  their  Inhsbitants   ^onftaO.  nfg  tC 
or  othercrcdible  perfons,  whither  Taverncr,  Vi(finallcr,  Tabler  or  other, 
they  fliall  rcfufc  or  ncgleft  to  make  fearch    as  aforefaid,  or  fhall  not  to 
their  power  perform  all  other  things  belonging  to  their  place  and  office  of 
Conftable,  then  upon  complaint  and  due  proof  before  any  oneMagiflrate, 
withni  three  Months  of  fuch  rcfufal   or  neglctl,  they   fhall  be  fined  for 
every  fuch  offence  ten  frillmjs,  to  be  leavied  by  the  Marfhal  as  in  other    ^'I'f''  ">•'• 
cafes  by  Warrant  from  fuch  M?.giftrate  before  whom  they  are  Convidlcd 
or  Warrant  from  the  Treafurer  upon  notice  from  luch  Magif^rate. 

If.   ^Itid  heeaufe  it  Is  dtjfcult  to  Order  and  keep  the  Houfif  for  }ub-    A.}7.\).2 1» 
lii\  Enteitatnmtrtt  m  confortnity  to  the  ahnlfofrii;  Laws  cjl/ihlijlied,  as  is  ne- 
tfjfary  for  ftevatting  T)ri^.nkeunePiy  cxcejfive  Drinkuig,   vain   Ex^er.ces  1) 
money y  Ttnn\  and  the  nbufe  of  the  good  Creatures  of  fjod-^ 

It  is  therefore  Ordered  by  this  Court  and  the  Auihority   thereof,  That   Of'l'''"''»'|°.^ 
no  perfon  or   pcrfons    hereafter  fhall   be    Liccnfed     to    keep    a    Uoufe  "eatyoriy 
of  Common  enteitamment  for  any  longer  then  one  year  at  one  time,  and 
thsc  fuch  as  keep  Houfes  of  publick'entcrtainment,  (the  prefent  Vintners 
during  their  contracl  excepted)  fhall  and  hereby  are  cnjoyned  oace  fj^r^f 

S  a  year 


h-keepen. 

year,  to  repair  to  the  fevcra!  Ccunty  Courts  for  rcniewirg  their  feveraj 
iiccnfcs  (  tor  which  they  fhall  pay  tvjo  fiiillings  fix ^mce  to  the  Clerk  of 
the  Court)  or  clfe  they  (liali  forfeit  five  pounds  as  unlicenfed  Alchoufc 
keepers..    I  l6-rS,4(^,■^l■7,49,^',Js,s7,s»' 


UFon  complaint  of  the  pvcat  ahfts  that  are  daily  admitted  by  the  T!^- 
taikrs  of  Strongvuaten^  Jihum,  &c.  both  by  the  Stillers  thereof,  and 
fiich  as  have  it  from  forrai^ne  farts ; 
Ret"ii°i.\qun"s  This  Court  do  therefore  Older,  that  henceforth  ro  pcrfon  or  perfons 
wjtboat  ucenfs  fhall  pra<nife  the  Craft  of  Stilling  Streng  waters,  nor  ftall  fell  or  Re- 
tail any,  by  Icfs  quantities  then  a  Qiiartcr  Cask,  and  the  feme  to  be  de- 
livered not  at  fevcral  times  or  in  feveral  parcels,  but  at  onetime,  without 
Covin  or  Fraud,  excepting  only  fuch  as  ihall  be  allowed  Annually  by  the 
County  Courts  refpedively,  on  penalty  oi  fre  pounds  forfeiture  for  every 
time  that  any  perfon  or  perfons  fhall  be  legally  convidied  thereof;  any 
Law,  Ufage  or  Cuftomc,  or  foimer  Licenfes  to  the  contrary  notwitb- 
ftanding. 

Provided  alwayes,  this  Law  fhall  not  prohibit  fuch  Merchants  as  have 
Strong-liquors  from  forreignc  parts  in  Cafes,  from  fellirg  the  fame  by  the 
whole  Cafe,  either  to  fuch  as  arc  going  to  Sea,  or  to  Malleis  ol  Families 
of  good  report,     \_i66i.'} 


THis  Court  being  fenfhje  of  the  great  incre^je  of  prophancfs  among  us 
efpecialiy  amoyig  the  younger  fort,  taking  their  oporturnty  of  meeting   tO' 
^ether  in  places  of  publicii  Lntertainment,  to  conupt  one  another  by  their  vtn^ 
Civil  and  wanton  carriage,  iudely  fingir.g  cind  making  a  noife,  to  the  difur- 
hancc  cf  the  Family  and  other  Guefls  tf  any  be  m  the  Houfe-y 

Penalty  for  ruje  This  Ccurt  do  therefore  Older  and  hereby  Ena(ft,  That  no  perfon  or 
fingingio  Ta-  petfons  whatfocvcr,  do  prefijme  either  in  Word  ot  Deed  to  carry  it  un- 
civilly, or  wantonly,  finging  ludcly,  or  making  a  noife  to  the  diflurbance 
of  the  Family,  or  any  other  Guefts  in  any  place  of  Publick  Entertainment, 
on  penalty  of  paying  f.'ve  fliillings  for  every  cflence  againft  this  Law,  be- 
ing therefore  legally  ConvitHcd  before  any  Court,  Magiftrate  or  Com- 
miiTioncr : 

And  where  fundry  pcrlons  arc  in  the  fame  company,  where  any  fuch 
rude  and  uncivil  carriages  arc  a(ftcd,  and  the  particular  perfon  or  perfons 
unknown,  every  of  the  faid  perfons  fliall  be  liable  ro  the  like  penalty,  un- 
lefs  they  cavi  atteft  their  innocency,  and  do  freely  give  in  their  teflimonya- 
gainft  the  noccnt. 

And  if  any  pcrfon  allowed  to  keep  a  houfe  of  publick  Entertainmcnt- 
fhall  fufFcr  fuch  carriages  by  any  perfon  or  perfons,  and  not  legally  pro- 
fecutc  the  feme  before  Authority,  on'  legal  convidion  thereof,  before  the 
County  Court  of  whom  they  had  their  Licenfc,  they  fhall  be  debarred  of 
any  furtlicr  rencv/al  thereof.     [  i66'}.'\ 


AS  an  eyidditjon  to  the  Law,  tit.  In-keepers; 
It  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  wliere 
any  po'fon  or  perfcriS  whatfcevcr,  fliall  prcfume  to  keep  an  Houfe  of 

publick 


Jn-keepen.         ludgemencs.  ?S 


publick  Entertainment,  Ordinary,  Cooks  (hop,  or  (hall  by  Retail  fell  Wine, 
Sciong  Beer,  Iiquorb  or  Cyder,  without  Liceiifc  fir  ft  had  and  orderly  ob- 
tained i  or  having  had  Liccnfc,  and  not  renewed  as  the  Law  rcquirech,or 
being  difchargcd  for  any  mirdemeanour  committed,  or  fuffered  to  be  done 
in  their  Houies,  or  m  or  about  the  fame:  It  fhaii  be  lawful  for  any  Court 
or  Magiftrate,  on  complaint  made  to  them  of  fuch  Mifdemeanoiir,  to  end 
for  fuch  pcrfon  or  perfons  before  them,  and  being  legally  convi<ffcd  of 
any  the  abovelaid  offences,  befidrs  the  penalty,  to  require  Bond,  with  fuf- 
ficient  Sureties  for  the  good  Abbearance  of  fuch  per.on  or  perfons,  and  in 
fpccial  for  their  obfcrvance  of  the  faid  Law:  And  in  ca  e  of  Refufal  to 
give  fuch  Bond  with  Sureties  as  is  required-,  the  Court  or  Magiftrate 
that  hath  cogniiance  of  fuch  Complaint,  fhali  commit  fuch  perfon  or  per- 
fons conviOed  as  abovefaid  to  Pnlon,  until  the  next  Court  of  that  touu- 
ty.     \_i66;.'\ 

WHereai  this  Court  hath  made  fcveral  Laws  and  Orders  for  the  pe- 
venttort  of  the  fn  of  Drunkenness ,  and  niifpendmg  precious  Time, 
find  EJlatc  ^  and  yet  notvotthjlanding  greut  complaint  is  made  of  fever al  per- 
sons [pending  thetr  Time  and  EJiate  by  Drinking  and  Ttplmg  ir  Taverns 
and  ylle-houfes ,  to  the  great  dsjlionour  of  <j'jd^  and  prejudice  vf  their  Fami- 
lies ;  For  the  prevention  whereof., 

It  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  the  Selecl:  for  i^ff'^"' 
men  of  each  Town  ihall  be,  and  are  hereby  required  and  impowrcd  to  ott>fun«noi£4 
take  fpecial  care  and  notice  of  all  and  every  pcrfon  and  perfons  tran  grcf- 
fing  as  abovefaid,  and  thereupon  to  require  him  or  them  to  forbear  the 
frequenting  of  fuch  Houtcs  or  Taverns:  and  if  any  perfon  fhail  after  fuch. 
warning  given  him,  be  found  in  any  fuch  Houfe  of  Entertainment,  and  be 
legally  convicffed  thereof,  before  any  one  Magiftrate  or  Commilfioner,  he 
fhall  forfeit  five  jhtllingSj  to  be  paid  to  the  Treafurer  of  that  Town  for 
every  fuch  Offence,  or  fit  in  Stocks  as  the  Judges  fhall  fee  meet. 

And  it  is  further  Ordered,  That  the  Seled  men  fhail  alio  give  notice  to 
the  keepers  of  fuch  Publick  Houfcs,  that  they  fuftcr  no  fuch  noted  perfon 
in  any  of  their  Houfcs,  upon  the  penalty  of  twenty  (Inllings  for  every  fuch 
defciff,  to  be  paid  to  the  Treafurer  as  aforcfaid.     [  li/o.} 


^ud^e waits  and  ExccutionSj 


WHcnas  tocre  is  a  -real  abu'c  in  fdling  cj  Judgements  and   Execu-   ^     ,4 
th,is,  and  fo  altering  the  property  of  them  before  they   be  fatisfied.  or 
Coeds  fetA.cd,   whereby  great  inionventcme  m^y    anfe^  as  experience  bjth 
frijved  ^ 

This  Coi:rt  doth  therefore  Order, That  after  the  end  of  this  Scftion   no  v,i>^,nu,n 
Terfcii  fhall  leil,  Alienate  or  Alhgne  any  Judgement  or  Execution  whatiocler    f«'-'^""'  ""« 
and  if  any  (hall  prefumc  to  Acl  contrary  to  this  Order,  his  Sale,  Airgnmun"*"*"^"''* 
cr  Alicr.a:.on  ihall  be  void  in  Lawjaud  in  cafe  the  pa:t>  d;c  after  the  Judgement: 

*  bsfore 


8(5  luTcrs.    pries. 


befcTe  iic  haul  taken  cut  en  Execution,  or  before  fatififq^ion  be  received, 
his  Ejiccutor  or  his  A^minifirator  fhall  lake  oiit-or  reniew  the  Execution, 
as  the  party. deceafed  migh:  have  done. 


fVRORS.    ^VRIES. 

L.!.  ?■/■  TT  is  Ordcr^'d  by  this  Court  and  the  Authority  thereof  ^  that  the  Secretary 
cicrKto grant  *or  Clerk  of  every  Court,  (hall  in  convenient  time  before  the  fitting  of 
warrant  foe  3°"  the  Court,  fend  Warrants  to  the  Ccnftab)es  of  the  feveral  Towns  of  the 
^°"  Jurifdiftion  of  that  Court,  for  Jury  men  proportionable  ta  the  Itihabitants 

choftnWfta      ^f  ggj.j^  Yq^jj  .  ^njj  jj^g   Conftable  upon  the  receipt  of  fueh  Warrant, 
''"■"''"  fliall  give  timely  notice  to  the  Free  men  of  their  refpe<^ivc  Towns,  to 

chufe  fo  many  able,  difcreet  men  as  the  Warrant  ihall  require,  which 
conn^bicslore-  ^g^  fa  chofen,  he  fhall  vmT\  to  attend  the  Court  whereto  they  are  ap- 
iurnihc«a.ran    ^^-^^.^^^  ^^^  ^^jj  ^^^^  ^^jyj.„>  ^,f  the  Warrant  unto  the  Clerk  afor^ 

faid. 
Ji.ji.hs  Theiike  Order  fhall  be  obferved  in  the  choice  and  fummoning^uries  to 

L.2.}.S.       attend  fpccial  Courts  : 
Juries  at  fpcchi       ^^  which  Courts  every  Tury-man  (hall  be  allowed  four  (hillings  per  dieift 

Courts  allowed  i        ""i  "^       '  -i  -i        i  ■  -      r  j,-  «.       /-         ^ 

4.i,  icr  drer,.      for  thcir  charges,  and  to  be  paid  by  hjm  upon  ■wftole  motion  inc  Court 

was  granted. 
L.T.^-32.         And  all  Juries  fervingatthe  Courtof  AfTiflantsat  Bofton,  fhall  be  Sum- 
iofi.)<i<^^<:-  moned  refpe^ively  out  of  the  Counties  of  Suffvlk,  and   Mtddkfex:  And 
coll  lo  EMiasj).  all  Jurors  fo  cliofen,  (hall  be  Impannelled  and  fwom  truely,  to    try  be- 
tween party  and  party,  and  (hail  finde  the  matter  of  faOwith  the  damages 
o  a<tfr-  ^""^  cods,  according  to  thcir  evidence,  and  the  Judges  (hall  declare  the 
■^dI-  l^ju'r  of  Sentence,  or  dired  the  Jury  to  finde  according  to  Law  ■■,   and  if  thcjc  be 
<i"Hy  inatter  of  apparent  cquil-y,  as  the  forfeiture  of  an   Obligation,  breach  of 

Covenant  wirhout  damage,   or  the  like,  the  Bench  (hall  determine  fuch 
njatters  of  equity. 

And  no  tryal  (hall  pafs  upon  any  man  for  life  or  Banifhment  in  any  in- 
feriour  Court,  but  by  a  fpecial  Jury  Summoned  for  that  purpofe. 

GranJ-Juri'is  2.  It  is  alfo   Ordered,  that    there  (liall  be    Grand  juries   Summoned 

in  like  manqer  every  year  unto  the  fdveral  Courts  m  each  JurilVJiOion,  to 

L.i.f'  47'     prefcnt  all  mifdcmeanours  they  fliall  know  ot   hear,  to  be  conimitted  by 
arly  perfon  \i'ilh'n  the  Jurifdidlion,  and  to  do  any   other  fervice  of  the 
Common  wealth,  they  (hall  be  required  by  the  faid  Court. 
Provided  oo  Juror,  nor  any  perfon  whatfoever  fhall  be  bound  to  inform, 

juio^not  prefent  or  reveal  any  private  Crime  or  Offence,  wlTerein  there  is  no  peri? 

jccrets  or  danger  to  tqis  Colony,  or  any   Member  thereoi,  when   any  necellaiy 

tyeof  Confcicnce  binds  him  to  fecrcfie,  unlefsit  be  in  TcHimomcs  lawfully 

^- J/- P''P-  required. 

.,  ,And  every  Grand-juror  fhall  be  allowed  ihra  Jhi/bngs  fif  diem  for  his 

jurcis  0  0  -      pi^gpgpj^  out  of  the  fees  and  other  profits  arifing  in  each  Court  where  they 
do  fervice,  or  by  the  County  if  ihofe  in-comes  fall  (hort. 

3.   [n 


furors,    juries.  g^ 


3.  In  all  cafes  wherein  the  law  is  obrcurc,  fo  as  the  Jury  cannot  be 

fatisfied  therein,  whether  it   be  Grand  or   Petty  Jury,  they  have  hber-  -^-J^-P-^S- 
ty  to  prefen:  a  fpecial  YtxA'sOi^viz..  If  the  Law  be  fo  in  fuch  a  point  we  jurifsiibfri, to 
finde  for  the  Plairitiffc,  but  if  the  Law  be  otherwife  we  finde  for  the  De-  ^'•'"' '"nKiaf 
fendant,  in  which  cafe  the  determination  doth  properly  belong  to  the  ^"''''^ 
Court. 

And  all  Jurors  (hall  have  liberty  in  matter  of  Fadl,  if  they  cannot  finde 
the  main  ifliie,  yet  to  finde  and  prcfcnt  in  their  Vcrdift  io  much  as  they 
can. 

4.  And  if  the  Court  and  Jury  lliall  fo  differ  ar  any  time  aboojt  their  f.^-„i  j„j  , 
Verdiift,  that  either  of,  them  cannot  proceed  with  peace  of  Confcicnce, 'iot«P'-"d,  "j"/!^ 
the  cafe  fliall  be  iflTued  and  determined  at  the  ne:xt  Court  of  Affiftants,  in  neM?comt'^*' 
manner  following,    (i.e.)  the  Attachment  with  the  Security  for  appearance 

at  the  County  Court,  fhall  be  continued  to  the  Court  of  Affiflants:  and  ji.jS.v.i^. 
if  the  Plaintiife  fhall  fee  caiire  further  to  profecute  his  Adion,  he  liall 
give  fummons  to  the  Defendant  as  the  Lav/  provideth  ,  andfhill  alfotake 
out  of  the  Records  of  the  County  Court  the  Records  of  the  faid  cafe 
"with  the  Evidences  prcfented  by  both  parties,  and  bring  the  fame  to  the 
Couit  of  AfTiftantc,  where  after  the  cafe  is  prcfented,  as  it  was  at  the 
County  Court,  both  partiesftiailhaveliberty  to  make  any  new  Pleas  or  Evi- 
dence before  the  Bench  and  Jury :  and  in  cafe  the  Plaintiffe  Diail  not  fur- 
ther profecute  his  ACticn  in  manner  as  is  hereby  provided,  the  Defen- 
dant fhall  then  have  Judgement  granted  him  for  his  cofts,  at  the  next  Coutt 
of  that  County. 

5.  It  is  further  Ordered,  That  wTienfoever  any  Jury  or  Jurors  are  not  t  ,  *    . 
clear  in  their  Judgements  or  Confcience,  concerning  any  cafe  wlierein  they     *  '^'^ 
are  to  give  their  Verdidl,  they  fliall  have  liberty  in  open  Court  (but  not  juries  liberty  fo 
otherwife)  to  advife  with  any  man  they  fhall  think  fit  to  refolve  or  di-  rak^ad'i'-e"' 
reft  thein,  before  they  give  in  their  VcrdiO.  cpervccu.c 

And  no  Juror  fhall  be  compelled  to  ferve  above  one  ordinary  Court  in  j^,,^,^  ,„  f„„g 
a  year,  except  Grand  jurors,  who  fhall  hold  two  Courts  together  at  the  i,ui a  jear except 
leaft,  and  fuch  as  fhall  be  fummoned  to  ferve  in  cafes  of  life  and  death, 
or  Bani/bment.     C  "^i-^j-f' j4^,4^,j-o,//,/:?,j-^j>;7-II 

6.  whereas  in  Suits  and  z^fiions  hrou^J/t  into  Courts  hetvieen  party 
and  pt^rtj,  fomctimcs  the  Plaintijfe  and  fomttimes  the  I>efenddnt^  a»d]'ome- 
times  neither  of  them  do  attend  to  anfwer  when  they  arc  enlled  io  Profecute 
or  Anfwer.,  xnhich  hath  been  too  lon^  connived,  at  by  the  Ma^iflratcs.,  and 
much  time  kfl  in  fending  to  feek^tbem  out.,  or  wait  their  coinetn^  <«,  whereby 
the  Country  charges  enercafcdy  and  the  M'C£iJlra(es,  furors.,  Witneffes  an* 
others  ahufed,  contrary  to  the  Laudable,  T^jafcnable  Pra{life  and  CufloWS 
of  all  Courts  in  our  Kative  Country,  and  other  Countries  i^oww  unio  us^y 

It  is  therefore  hereby  Ordered  and  Ena(f\ed,  That  if  any  Plaintive,  He 
or  Shee  have  entred  anyA^ionto  be  trycd  in  any  Court,  or  whichcon^es 
orderly  into  any  Court,  by  Replevin,  Appeal,  or  by  the  difagrecment  be- 
tween the  Magiftrates  and  Jury  in  an  Inferiour  Court,  and  do  not  by  hiin 
Of  her  felf,  or  by  their  Attomies  make  their  appearance  and  profecute  p|j;„,;0,^3i3p. 
their  A(!!\ion  immediately  after  they  }iave  been  three  tnnes  called  in  the  fcod^ntspeaiii^y 
Court  by  Name,  after  the  fird:  forenoon  of  the  Court;  that  then  they  (hall  [°^;;°Jii"^''*- " 
be  Non-fuited^  and  if  Plaintiffc  or  Defendant  appear  upon  fuch  call,  they 
fhall  have  their  cofts  granted  by  the  Court  agaioA  him  or  her  that  doth 

T  3  not 


S8 


■plaimifTs  libfrly 
to  matre  new  en. 
try  in  caia 

Delinq.  prnjlfy 
Jornoranfwer- 


Lands.     Leatkit. 


not  appear;  and  if  afteiwards  both  parties  do  agree  to  try  their  cafe 
at  the  feme  Court,  they  (hall  be  allowed  fo  to  do,  the  Plamtiffe  paying 
half  fo  much  for  a  new  Entry  as  he  did  before. 

And  if  any  pcrfon  prcfented  by  the  Grand-jury  for  any  offence,  or 
Gummcned  by  a  Magiflrate  to  anfwer  any  crime,  do  not  upon  Sumrnons 
appear  at  the  time  appointed,  upon  the  third  call  as  aforcfaid,  HeorShee 
ftiall  be  proceeded  againft  for  contempt,  except  He  or  Shec  be  reflramed 
or  prevented  by  the  Hand  cf  God, 


Lands  i    free  Lands, 


T  is  alio  Ordered,  and  by  this  Court  Declared,  That  all  our  I-ands 
_  and  Hciicages  (hall  be  free  from  all  Fines  and  Liccnfes,  upon  Aliena- 
tions, and  from  all  HariotSj  Wardfhips,  Liveries,  Primcrfeizins,  year, 
day  and  wafte,  Efcheats  and  forfeitures  upon  the  Death  of  Parents 
or  Anceftots,  natural ,  unnatural ,  cafual  or  judicial  and  that  for  ever. 
1 1641.2 


L  E  AT H E R. 


TH'is  Ccmt  ccyifder'wg  the  fevcral  Deceits  ait r)  a^hufes  which  in  other 
-.  plates  here  been,  and  are  ccmmonly  pra^lifed  by  the  Tanners,  Curriers., 
and  workers  of  Leather^  as  alfo  the  abufis  and  inconveniences  which  accrue 
to  the  ftveral  Metr.bers  of  this  Common-wealth,  by  Leather  not  fujjidently 
Tanned  and  Wrought,  which  is  occa/ioned  by  the  negligence  and  unskH- 
fulnefs  of  thofe  feveral  Trades-men,  which  before,  in  and  after,  it  is  in 
the  hand  cf  the  Tanner  way  be  much  bettered  or  impaired ;  for  prevention 
whereof; 
Btitedcrs,  Curt"-  It  isOrdcrcd  by  this  Court  and  the  Authority  thereof;  That  no  ^ct- 

crs  msy  not  Tin  f^j,  uf^ng  or  Occupying  the  Feat  and  Myftcry  of  a  Butcher,  Currier  or 
Shoomaker  by  himfclf  or  any  other,  ftiall  ufc  or  excrcifc  the  Feat  or  My- 
ftcry of  a  Tanner,  on  pain  of  the  forfeiture  oi  fix  flit llings  eight  ^ence  for 
every  Hide  or  Skin  by  him  or  them  To  Tanned,  whilcft  he  or  they  (hull 
ufc  or  occupy  any  of  the  Mvftcrics  aforcfuid. 

"Nor  fliall  any  Tanner  during  his  uf.rg  the  faid  Trade  of  Tanning,  ufc 
cv  occupy  the  Feat  or  Myftery  of  cither  Butcher,  Currier^  or  SboomakS"'* 
ty  himfclf  or  any  other,  upon  pain  of  the  like  forfeiture. 


J^eather. 


%^ 


Nor  fliaiJ  any  Butcher  by  himfelf  or  any  other  perfon,  Gafh  or  Cut  any  G30iirscf>iraej 
liide  of  Oxc,  Bull,  Sreer,or  Cow,  in  fleaing  thereof,  or'otha-wife,w}}6reby  the  fe'f'''  "  3- 
feme  fVinll  be  impaired  or  hurt,  on  pain  .of  forfeiting  twelve  ^^nee  for  any 
fuch  Gaih,  or  Cu:  in  any  Hide  or  Skin. 

Mor  lliaii  any  perfoti  or  pcrfons  hencefofih,  Bargain,  Buy,  make  any  ooly  T^-viers' 
Contra<n,  or  belpea'k  any  rough  Hide  of  Oxc,  Bull,  Steer  or  Cow,  J^i  the  w«y>uyraur 
Hair,  but  only  fuA  pcrfons  as  have  and  do  ufe  and  cxercifc  the  Art  of 
Tanning. 

2.  "Mor  fliall  any  perfon  or  perfons,  ufmg  or  which  fhal!  ufc  the  Myftcry  Lcai^ifrnotto 
or  facility  of  Tanning  at  any  time  or  times  hereafter,  otfrr  to  put  to  falc   j'^f^^^en^fy  °' 
any  kinde  of  Leathci",  which  flull  be  inrufficicndy  or  not  throughly  Tan-  Xaonei 
lied,  or  v/hich  hath  been  over  limed,  or  burnt  in  tbc.limes,  or  which  fhall 
nor  have  been  after  the  Tanning  thereof,  well  gTid  througlily  3rye3,  -upoa 
pain  of  forfeiting  that  whole  Hide,  half  Hide,  or  other   piece  of  Leather,  . 

wherein  one  fixttenlh  part  fhalj  be  found  by  the  Searcher  Cr  Sealer  of  ^^'^  J' 
Leather  (lawfullv  appointed)  to  be  either  over-limed  or infuffjeienfly Tan- 
ned, or  not  throughly  dried  ac  afore faid. 

Not  fhall  any  perfon  ufmg  the  Myftery  of  Fanning  as  aforefaid,  fet 
any  of  their  Fats  in  Tan  hills,  or  other  places  where  the  Woozes  or  Lea- 
ther put  to  Tanne  in  the  fame,  fhall  or  may  take  any  unkinde  heats,  nor 
fhall  put  any  Leather  into  any  hot  or  warm  Woozes  whatfoever,  on  pain 
of  tweKlj  founds  for.  every  fuch  ofTciice. 

5.  "Nor  fhall  any  perfon  or  perfons,  ufmg  or  occupying  tfie  Myfiery    cottier*  dnt^ 
or  faculty  of  Curryiog,  Curry  any  liindc  of  Leather,  except   it  be  well 
and  tliroughiy  Tanned;   nor  fhall  Curry    any  Hide  toeing  not  throughly 
dried  aft^er  his  wet  feafon,  in  which  wet  feafon,  he  fhall  not  ufe  any  ftale, 
urine,  or  any  other  deceitful  or  fubtilc  mixture,  things  way  or  means,  to 
corrupt    or    huit    the    fame;    nor    (hall   Curry  any    Leather  meet  foe 
outer  foie  Leather  with  any  other  then' good  hard  Tallow,  nor  with  any 
kfs  of  that  then  the  Leather  will  receive;   nor  fhall  Curry  any  kinde  of 
Leather  meet  for  upper  Leather  and  inwqrd  Soles,  but  wiLh  good  and  fuf- 
ficient  (lufFe,  being  firefh,  and  not  fait,  aiid  throughly  liquored,  till  it  will 
receive  no  more;  nor  fhall  burn  or  fcald  any  Hide  or  Leather  in  the  Cur- 
rying, but  fhsll  work  the  fame  fufficiently  in  all  points  and  refpetfts,  on 
pain  of  forfeiture  for  every  fuch  offence,  or  aCi  done  contrary  to  the  true 
meaning  of  this  Order,  the  full  value  of  every  fuch  Hide  marred  by  his  evil   pgtialtf. 
Workmanfhipor  Handling,  which  fhallbe  judged  by  two  or  more  fuffioient 
andhoneftck'lful  perfons,  Curaer«  or  otherc  on  their  Oath  given  to  them 
for  thatend,liy  any  Magiftrate. 

V-.And  every  Town  where  need  is  or  fhall  be,  (hall  cKufe  one  or  two  ^^I'loitl^^'n 
pcpfoiw  of  the  moft  honjcft  and  ekilful  within  their  feveral  Town  fhipr,and 
prefent  them  unto  the  County  Court,  or  one  Magiftrate,  who  fnail  ap- 
point and  fwcar  the  faid  pterfone,  by  their  difcretion,  to  make  fearch  and, 
vicwwifh'h  the  prccinfts  of  their  J-rnits,  in  any  Houfe,  Shop  or  Ware-,   yx.  ji-P-  «• 
Ikouf'?,  -where  they  conceive  fuch  Leather  may  be,  whether  wrought  into 
£«oos.  Boots,  or  otherwife,  as  dfc  as  they  fhall  think  meet  and  need  rt-.all 
be,  who  fh.flll  have  a  Mark  or  Seal  prepared  by  each  Town  for  that  pur- 
po/e;  and  the  faid  Searchers,  or  one  of  them  fhcll  keep  the  fame,  nrid 
the/ewith  fhall  Seal  fuch  Leather  as  (hoy  fhall  finde  fufficientinallterpcds 
at>d  no  other.  And  if  the  faid  Scirchere,  or  any  oi  them,  fhall  finde  cny  Lealhec 
"told^r  offered  to  be  fold,  brought  or  offered  to  befiearehed  or  Sealed,  which 
^.  ■  U  fhall 


90  Lihen'm. 


Toftirc  Ml  dc  ^^11  be  Tanned,  Wrought,  Converted  or  Ufcd  contrary  to  the  true  intent 

ftfl'ivQ  Ltaiher.   and  meaning  of  this  Ordet-: 

It  fliall  iTe  lawful  for  the  faid  Searchers  or  any  of  them  to  feizc  all 
fuch  Leather  and  to  retain  the  fsme  in  their  cuftody,  and  if  the  owneir 
fhall  not  fubmit  to  the  Judgement  of  the  Officer  or  Oflrcers,  the  faid  Offi- 
cer fo  i'ezing  the  fame,  (hail  within  three  dayes,  call  to  him  four  or  fix 
men,  honeft  and  ekilful  in  fuch  ware  to  view  the  fame  in  the  prefcnce  of 
the  party  (  or  without  him  having  notice  thereof)  who  ftiail  certifie  upon 
their  Oaths  unto  the  nest  County  Court  of  that  Shire,  or  unto  one  ot  the 
Magifl rates  the  defed^  of  the  laid  Leather. 

starchMf^ica-  The  like  power  (hall  the  faid  Searchers  have,  to  featch  all  Leather 

i(,ir  niUe  into  wrought  into  Shoos  or  Boots,  as  alfo  to  fcize  all  fuch  as  ihey  finde  to  be 
^hoo8       00  0.  j^gjg  ^f  infufficient  Leather,  or  nor  well  and  fufficicntly  wrought  up : 
^oarchcra  dc-  Ahd  if  any  Searcher  or  Scaler  of  Leather,  fliall  rcfufe  with  convenient 

'^^'■''^  fpecd,  to  feal  any  Leather  fui?icicntly  Tanned,  Wrought  and  llfed  acecr- 

ding  to  the  true  meaning  of  this  Order,  or  fliall  Seal  that  which  fhall  "be 
infufficient,  then  every  fuch  Searcher  and  Sealer  of  Leather,  fhall  forfeit 
for  every  fuch  offence,  the  full  value  of  fo  much  as  fhall  T?e  infuffici- 
ently  Tanned. 

And  the  Fees  for  Searching  and  Sealing  of  Leather,  fhall  be  one  pcfiny  a 
Tees%  Hide -for  any  parcel  lefs  then /re,  and  for  all  other  parcels,  after  the  rate 

of  px fence  a  "Dickfify  v/hich  the  Tanner  Ihall  pay  upon  the  \Sealing  of  the 
faid  Leather  from  time  to  time. 

S-  Laftly,  It  is  Ordered  by  the  Authority  aforefaid,  That  the  feveral 
fines  ana  forfeitures  in  this  Order  mentioned,  fhall  be  equally  dividea 
into  three  parte  and  distributed,  as,  r/t- one  third  part  (o  the  commwi  Trea- 
fury  of  the  Shire  wherein  the  offence  is  committed,  another  third,  part  to" 
the  common  Treafury  of  the  Town  fhip  where  the  ofScndcr  inhahiteth, 
and  the  other  third  part  to  the  Scizer  or  Seizers  of  fuch  Leather,  Shoos, 
or  Boots  as  is  infufficiently  Tanned,  Curried,  or  Wrought  from  time  to 
time.     [_!642.,  j!."^ 


VaxbWy 


Liberties  Canmcri. 


Libffiy  3i  pub-  TT  is  Ordered,  by  this  Court  Decreed  and  DcclareJ;  That  every  man 
lic^Afltmbliai  1  •whether  Inhabitant  or  Forrcigncr,  free  or  not  free,  thai!  have  liberty  to 
come  to  any  publick  Court,  Council  or  Town  meeting,  and  cither  by 
fpceeh  or  writing,  to  move  any  lawful,  feafonable  cr  material  Qucftion^ 
or  to  prefent  any  nccetTary  Motion,  Complaint,  Petition,  Bill  or  hjforata- 
tion,  •whereof  that  Meeting  hath  proper  cognizance,  fo  it  be  done  m  con- 
wenient  time,  due  Order  and  refpeiflive  Manner.     [  i64f>'] 

2    Every  Inhabitant  who  is  an  Houfe  holder,  fhall  have  free  Fifnlng 
^'Xi"         ^^'^  Fowling  in  any  grwt  F^snds,  Bsyes,  Coves  and  Rivers,  fo  far  as  the 

Sea, 


Lyin^. 


91 


Sea  Ebbes  and  Flows  'vithin  rhe  precm(f>s  of  the  Town  where  they  3'vel), 
unlefs  the  Freemen  of  the  fame  Town  or  the  General  Court  have  other- 
wife  appropriated  them; 

Provided,  that  no  Town  fliall  appropriate  to  any  particular  perfon  or 
perfons,  any  great  Pond,  containing  more  then  ten   Acres  of  Land,  and 
thar  no  man  fhall  come  upon  anolhers  propriety  Without  their  leave, 
ctherwife  then  as  hereafter  exprefled. 
Tht  Vfhich  clearly  to  determine  { 
U  is  Declared,  That  in  all  Creeks,  Coves  and  other  places  about  and 
upon  Salt  water,  where  the  Sea  Ebbs  and  Flows,  the  Proprietor,  or  the 
Land  adjoyning,  fhall  have  Propriety  fo  the  Low-water  marlf,  wliere  the 
Sc2  doth  not  Ebbe  above  a  hundred  Rt^dt,  and  not  more  whc-refoevcr  it 
Ebbs  further, 

Provided  that  fuch  Proprietor,  (hall  not  by  this  liberty  have  power  to 
■ftop  or  hinder  the  pafTage  of  Boats  or  other  Veffels,  in  or  through  any 
Sea,  Creeks  or  Coves,  to  other  mens  Houfes  or  Lands. 

And  for  great  Ponds  lying  in  Common,  though   within  the   Bounds  of  vhi-'y  '»  vi^t 
fome  Town,  it  fhall  be  free  for  any  man  to  fifh  and  fowie  there, and mav  |^'i7^J,&fow'i 
pafs  and  repafs  on  foot  through  any  mans  propriety  for  that  ond,  fo  they 
trefpafs  not  upon  any  mans  Corn  or  Meadov/.     [  1641,4/  3 

3.  Every  man  of,  or  wnhin  this  Jurifdidion,  fliall  have  free  liberty  '■''=" 'i;jf„p^ 
(notwithftanding  any  Civil  Power)  to  remove  both  himfelf  and  hisFami-  jurrrrA'cn 
ly,  at  their  plcafure  out  of  the  fame.  Provided  there  be  no  legal  impe- 
diment to  the  conttary.     {^1641.'} 


ihe 


L  r  1  N  a. 


WHereas  Truth  in  Wcrds,  as  well  as  In  yfOicr.s  is  required  of  dhneti^ 
efpeeiaBy  of  Chrijiia»s,  who  are  ihe  prcfefed  Servants  of  ihe  Cod  vf 
"fruth;  ./ind  whereas  all  Lyin£  is  contrary  to  Truth,  and  fame  fmt  of  Lies 
are  not  ofi'\j  finful  (as  all  Lyes  are)  but  alfo  {ernicious  to  the  ^ukliik^lveaJy 
and  injunvi4S  to  particular  prfons  j 

It  is  therefore   Ordered  by  this  Court  and  Authority  thereof.  That  ^j^^rjift:.*. 
every  perfon   of    the  age,    of  difcrction   (  which  is  accounted  fourteen  liom^j"'- 
years)  who  fluli  wittingly  and  willingly  make,  or  publifli  any  Lye,  which 
may  be  pernicious  to  the  Publick  Weal,  or  tending  to  the  damage  or  in- 
jury of  any  particular  perfon,  or  with  intent  to  deceive  and    abufc  the 
Peoplt^  with  falfc  Kcws  and  Report?,  and  the  fame  duely  proved  in  any 
Court,  or  before  any  one  Magiftrate  (who  hath  hereby  power  granted  to 
?i car  and  determine  all  offences  ag?:nfl:  this  Law)  fuch   p;:rfon  (hall  be  p,iie<i>n«To,si 
fined  for  the  fir/t  offence  tf«  frillinss,  or  if  the  party  be  unable  to  pay  t"he  orftocl. 
fame,  then  to  be  fet  in  the  Stocks,  fo  long    as  the   faid  Court  or   Magi- 
ftrate  fliall  appoint  in  fome  open  place,  r.ot  exceeding  two  hours. 

For  the  fcconJ  otTcncc  in  that  kinde,  whereof  any  (hall  be  legally  con-  ^,^^^3   ,,«..nci 
viOcd,  fhall  pay  the  fum  of  twmty  Jliil/ir.^r  or  be  whipped  upon  the  naked   jcjci  wh'pi 
Body,  not  exceeding  ten  Jlri^ei. 

U  i  Ani 


yi  tji^an-faufhter. 


Third  offence  A"^  for  the  third  oKenct  fortji  pjillines,  or  if  the  party  be  unable  to  pay, 

then  to  be  whipped  witli  more  Hripes,  not  exceeding  [\ftteyt. 
Foutth  offence  ^^j    jf   ^gj  j^^y    ^^„  ^jp^^^    .^^  j.j.^    j.j^^^^   ^^^^    ^^^  ^^g^„y  j.^n^,i£^pj 

thereof,  fVich  perfon  Male  or  Female,  fhall  be  fined  Un  pMllings  a  nine 
more  then  formerly,  or  if  the  party  fo  cflending  be  unable  to  pay,  t>>cn 
to  be  whipt  with  five  or  fix  niorc  firipes  then  formerly,  not  exceeding 
forij  at  any  time. 

The  aforefaid  fines  fhali  be  leavied,  or  ftripes  infli(ned  either  by  the 
'  Marfhal  of  that  Jurifdidion,  or  Condable  of  the  Town  wlicrc  the  offence 
/  is  committed,  according  as  ihe  Court  o\  Magiftrate  fhall  clircO. 

And  fucli  fines  fo  leavied  fhall  be  paid  to  the  Treafury  of  the  Shire  where 
the  caiife  is  tryed. 
Liberty  lo  Ap-       ^nd  if  any  pcrfon  fhall  findc  himfelf  grieved  v/ith  the  Sentence  of  any 
^  fuch  Magiftrate  out  of  Courf,  he  may  Appeal  to  the  next  Court  of  ths 

ifcaofeiers  ^o^mz  Shirc,  giving  fufficient  fecurily  to  profecute  his  Appeal,  and  abide 
doabii-Tinca  the  Order  of  the  Court,  and  if  the  faid  Court  fhall  judge  his  Appeal  caufe- 
!cfs,  he  fliall  be  double  fined,  and  pay  the  charg,es  of  tlic  Court  during 
bis  A<nion,  or  correiiied  by  whipping  as  aforefaid,  not  cxcccdu'ig /cr/^ 
firifes;  and  pay  the  cofl-s  of  the  Court,  and  party  complaining  or  inform- 
ing, and  of  the  Witneflcs  in  the  cafe. 

And  for  all  fuch  as  being  under  age  of  difcretion,  that   fhall   offend  in 
Un3<rr  agfto  Ic  ^y'lg  contrary  to  this  Order,   their  Parents  or  Matters   fiiall   give  them 
corrcflcd  by       ^luc  correCticn,  and  that  in  the  prefence   of  fome  Officer,  if  any   Magi- 
ftrate fhall  To  appoint^  Provided  aiwayes,  that  no  pcrfon  fhall  be  baaed 
of  his  jull  a^ion  of  flander,  or  othetvvife,  by  a;iy  proceeding  upon  this  Or- 
der,    ll64J-2 


A  m»n  twj  1(111 
in  "his  own  de- 
fence 


M  AN-S  hjiV  GIlTEf^^ 


IT  IS  Ordered  by  this  Court  and  the  Authority  thei*cof;  That  if  any  pec. 
fon  in  the  juft  and  necefTary  defence  of  his  life,  or  the  life  of  any  other, 
fliali  k»H  any  perfon  attempting  to  l^ob  07  Murtber  in  the  Field  or  Hij^i?; 
way,  or  to  break  into  any  dvi/clling  houfe,  if  he  conceive  he  cannot  wiiii 
fafecy  of  his  own  perfon  otherwifc  take  the  Felon  or  AfTailant,  or  biing 
him  to  Tryal,  he  fhali  be  holden  blamclcfs.     [  1647.^ 


j^^/rr'dme. 


Maritime  affaires  93 

MARITIME 

AFFAIRES. 


WHcreas  through  the  "BlejfiHg  of  God  ufnn  this  Jurifdifti^n,  the 
Navagdtion  and  Marti tmc  Affaires  thereof,  is  grown  to  be  a 
confiderable  Intereji,  the  ivell  management  whereof,  is  of  greax 
concernment  to  the  publick  Weal;,  t'or  the  better  Ordering  the 
fame  for  the  future,  and  that  there  ma)  be  known  La\rs  and  Rules  for  all 
forts  of  ferfons  imployed  tbcreiny  according  to  their  fever al  fratious  and  ca- 
'^aciiies,  and  that  there  may  be  one  Rule  for  the  guidance  qf  all  Courts  in 
thar  froccedingSy  in  dijiributi^e  Jujiice ; 

This  Court    doth  Order    and  be  it  Ordered   by   tbg   Authoiity 
thereof  i 


SECT,    1. 


Minnrpirfow 


That  whereas  there  is  many  times  differences  between  Owners  of 
ships,  Ketches,  Barques  and  other  Vcflcis,  in  fetting  forth   their  fevcral   errd^!:'conc- 
parts,  whereby   damage  doth  accrue    to  the    particular  concernment  of  <f ^  bj^Jhc  ma- 
Owners,  and  if  not  prevented,  may  be  a  great  obftrucflion  of  Tradc,where 
there  are  fcveral  Owners  concerned,  as  Owners  m  Ship,   Ketch,  Barque 
or  other  VelTel  whatfoever,  ufcd  for  Traffick,  Commerce,  Fifhing,  Loggc, 
Board,  "Wood  or  Stone,  Carriage  upon    Salt  or  Frefliwater,  all   luch 
Owners  of  lefTer  part,  (hall  be  concluded  for  the  fetting  forth  of  bis  part, 
by  the  major  part  of  the  whole  concerned,  fuch  Owners  fp  concluded, ha- 
ving notice  given  them  of  the  meeting  for  fuch  conclufion,  if  they  be  nigh 
hand^  and  in  cafe  of  any  Owner  refufing,  or  by  rcafon  of  ncgleft  or  ab- 
fence,  or  not  able  to  provide  for  the  fetting  forth  his  part,  the  Mafter  of 
fuch  Ship  or  VclTcl  may  take  up  upon  the  Bottome,  for  the  fetting  forth 
of  the  faid  part,  the  which  being  defrayed,  the  remainder  of  the  Jnccme 
of  fuch  part  to  be  paid  by  the  Mafter  to  the  faid  Owner. 


SECT.    II. 


And  in  eafc  of  Fraightment,  where  any  Ov/ner  Jhall  rtfufe  to  alTent  oencn  K-^fi^g 
to  the  letting  out  of  Ship  or  VefTcl,  where  he  is  intcrelfed,   flich  diffenker   pairs''; lom^jjc'^' 
ftiall  manifeft  it  by  fome  publick  ad\  of  proleft,  before  the  figTiing  of  char-   pubUtk  ptottff. 
tcr  party,  except  the  Mafter  or  the  reit  of  the  Ownere,  or  both,  concc-al   *"*■ 
from  him  or  them  their  a(f\ings,  then  his  or  khcir  proteR  aCt^r  charter  ^iar^Y 
figncd  by  thcmldves  or  agents,  fhallbe  taken  for  legal  diflcr.t,  yet  not  to 
hinder  the  proceed  of  the  Ship  or  Veffel,  "but  that  thofe  fo  fending  lier  fc:vh 


p^  Maritime  tyJffaires. 


fhall  be  liable  to  refpond  his  part  upon  cnfurance  according  to  the  Cti- 
ftome  of  Merchants,  which  cnfurance  is  to  be  defalked  out  of  that  part  of 
hire,  due  for  fuch  owners  winch  diffented. 


Maftirji  to  hove 


SECT.  1 1  r. 


Where.is  Majlers  of  Ships  or  other  Feffels,  have  their  Owners  five  part 
in  One  Country  and  part  m  another,  whereby  they  hare  in  iher/ifelvcs  not  onty 
o^ortumly^  and  fame  have  made  ufe  thereof  in  then  own  pcrjons^  toreprefent 
tie  tnajor  part  of  the  Owners  in  the  place  where  he  comes  ^ 

It  is  therefore  Orderd.j  that  fuch  Mafter  fl:ail  not  be  talien  to  have 


Mf'nu voiy.  Voie  in  th^  ordering  of  fuch  Vdlei  further  then  his  o *«  jhtereft,  except 
he  make  it  appear  to  the  rail:  of  the  Owners,  where  he  is,  that  hs  is  Au- 
thorized undei-  the  hands  of  fuoh  Owjiers  abfent,  and  Jlien  he  is  to  have 
"Votts  according  fo  the  proportior>  of  parts  he  fo  flands  for,  and  the  ma- 
jority of  parts  are  to  carry  it  as  before;  neverthefei's"  it  is  to  be-uoder- 
ftood,  that  any  Owner  hath  power  to  make  fale  of  his  part,  either  to  the 
reft  of  the  Owners,  or  others,  as  may  be  moft  to  bis  own  advantage,  and 
jf  any  Mafler  fhall  prefume  to  ad  contrary  hereunto^  what  d.-^mage  /hall 
be  fullained  by  the  reft  of  the  Owners^  the  MaAct  feall  be  liable  to  malic 
good;  it  being  duely  proved  againil  hm 


SECT.    IV, 


All  Mafters  taking  charge,  as  Mafters  of  Ships  or  other  VeflTrlSj  anol 

not  being  fuflicicnt    to   difchargc  his  place,  or  that  through  ncgHgenee, 

Prisiij  of  M).   Of  othetwifc,  fhail  iinbezcl  the  Owners  or  Imployers  Stock,  or  rime,  or 

a-.rssnJMjrn.    ^^  ^  f\^^][  Cjjy^^j.  [,13  ,^-,ff,  j^  neg!c<n;  their  due  attendance  on  board,  both 

<i4iiceot|lo4r<)  by  day  and  night,  efpecially  when  or  whiieft  Merchants  Goods  are  on 
bo^rd,  and  Ihaf  Himfelf  or  Mate  be  not  en  board  every  night,  to  lee 
good  Orders  kept,  upon  defe<fi  thcrciij,  fuch  Mafter  fhall  he  liable  to  pay 
the  damage  that  (hall  accrue  by  luch  neglect,  it  being  duely  proved  a- 
gainll  him. 


SECt,    V. 


For  the  Mafters  bettw  fecuring  their  men  to  them,  and  to  prevent  all 

MiOneie  mtXe   Coveit,  they  fhall  make  c(3ar  agreements  with  their   Marriners,  atid  Ofli- 

pjrijcuisf  H'n  cers  for  their  wages,  and  thoTe  agreements  enter  into  a   Book,  and  take 

w^ni  >v.(h    ti    jj^g  leveial  mens  hands  thereto,  a  copy  whereof  the  Mailer  as  a  Porthgc 

Bill  fhfl'l  leave  with  their  Owners  if  required  of  them,  before  their  fetting 

faile  upon  the  Voygg:,  and  all  fuoh  agreements,  the  Mafter  fh.-ll   make 

goort  to  the  Seamen,  and  luch  Ship  or  Veflel  as  they  failc  m,  flial!  be 

bable  for  to  vnake  good  the  fame. 


Manii/ne  t^fairei.  55 


SECT.    VI. 


All  Mafleis  of  greater  or  .'eflev  VelTels,  fliall  make  due  ancl  meet  pro    mj'"'"**'^*'"' 
vjOons  of  Vi(flua!s  and  Drink  for  their  Seamen,  or  Paflengers,  accoiding  &, 
to  the  laudable  cuftome  of  our  EngHfh  Nation,  as  the  Cudome  ah<l  Ca- 
pacity of  the  places  they  faile  from  will  admit,  upon  penalty  of  paying 
damages  fuftained  for  negle^  thereof. 


sBcr.  vn. 


That  no  Mafter  fliall  Ship  any  Seaman  or  Marrincr  that  is  fhipl  be   KoMafi*-.*© 
fore  by  another  Mafter  or  Imploycr  upon  a  Voyage,  nor  fhall  any  i^ea-  *'^''"*'"',y'?" 
man  (hip  himfelf  to  any  other  man,  until  he  be  difcharged  from  "him  that  g^T'' 
fliipt  him  firft,  upon  penalty  of  him  that  entertains  him  to  pav  one  months  r^oi^fim^  to 
pay,  that  fucn  Seaman  agrees  for,  as  alio  of   lucn  Sea-man  rhippinghim-  f,;)  c\tircikc 
felf  to  pay  one  months  pay  that  he  agrees  for;  the  half  thereof  to  be  paid 
to  the  ufe  of  the  poor  of  the  Town  or  place  where  the  offence  is  ccm- 
mJited,  the  other  half  to  the  complainer  or  informer. 


SECT.    VIIJ. 


No  Mafter  of  Ship  or  Veflel  fliall  faile  into  any  Haven  or  Port,  ex-  "''^'''  P'.'^^'I''- 
tept  neccfruated  thereunto  by  Wind  or  Weather,  or  for   want  cf  provi-  liifonv^t-nri''^ 
fion,  or  for  fecurity  from  Pirates,  but  fuch   Port  as  by  charter  party,  or  ^"^"^^'^  ^°""° 
his  Bill  of  Lading  nc  is  bound  unto,  until  he  hath   delivered   his   Gocds 
according  to  his  engagement;  and  iu  cafe  any  Mafter  Oial!  take  m   goods 
for  more  Ports  and  Places  then  one,  he  (hall  declare  himfelf  fo  to  do,  to 
to  thofc  that  Fraight  upon  him,  and  in  cafe  he  fhall  voluntarily  go  to  any 
other  Port  or  Harbour  then   he  is  obliged  to  as  above;     if  damage  to 
the  Merchants  goods  happen  thereby,  fuch  Mafter  (hail  make  good  the 
fame,  it  being  duely  proved  sgainft  hfm. 


SECT..  IX 


Any  ?v1afler  hired  out  or  imployed  by  his  Owners  upon  any  Voyage,  '^•'^'V  "•>*  *' 
receiving  advice  from  his  imployers,   that  the  alteration  of  the   Voyage  in'c?fr  "'^**" 
when  they  are  abroad,  may  be  much  for  their  fecurity  and  advantage,  by 
going  to  fome  other  port,  ihcMaftcr  feeing  meetto  ciofe  with  tJiat  advice, the  u^a,To^^l 
Marnners  flial!  not  hinder  his  proceed,  unlcfs  where  any  of  the  Sea  men   6°°'^ 
fball  have  nude  a  particular  contraft  with  the  Mafter   to  the  Contrary, 

^  ^  Provided 


p5  Alaritime  Jjfaires. 


Provided  that  they  be  not  carried  to  ftay  cut  r.bovc  one  year,  nor  be  car- 
ried to  any  place  where  they  may  be  liable  to  be  prcllcd  into  a  fcrvice 
they  are  net  willirg  unto. 


SECT.     X. 


Miners  t^o  ray  Maftcrs  (hall  fee  that  their  Officers  and  Marriners  be  duely  paid  tficrt 

wl'g'rccmcnt/"  Wages  according  to  agreement  made  with  them,  upon  the  linifliing  of 
their  Voyage,  without  delay  or  trouble,  upon  penalty  of  paying  dama- 
ges for  ncglcd,  and  all  cofts  that  the  Sea  men  Ihall  be  at  lor  rtcovcring 
the  fame. 


SECT.    XI. 


Whereas  wiany  tmes  Makers  taks  ^^  Merchants  Ccods  en  loard  their 
i>hip  or  Vcifcii   n^(-"   fyai^ht,   when  yet   they  are  not  meetly  jitted  with 
fuiii'.ble  Tackl'ini  c^nd  Sea-men  for  the  fecurity  of  fuch  Ship  or  yejjelsy  and 
Goods  • 
Mjft(t5,ships  &  It  is  Ordered,  That  in  cafe  any  Mafter  of  Ship  or  VcfTcI,  after  he 

-Seamen  '^  ''"  hath  LadcH  upon  his  Ship  or  VefTel  any  Merchants  Goods  to  be  tranf- 
d"mni«tdby  poitcd,  ftiall  ior  Want  ot  fvfficient  ground  tackle  ( if  to  be  had)  or  be- 
w/r't'o7 Ground  ca^fc  of  Want  of  fiifF.cient  men  being  on  board,  come  a  fhore  to  the  da- 
tade  mage  of  fuch  Merchants  or  Fiaighters  in  their  Goods,  the  Ship  (hall  be 

liable  to  make  good  fuch  damages;  and  in  cafe  the  defcd\  appear  to  be 
in  the  Mafter  and  Men  both,  or  either,  the  Owners  (hall  recover,  fuch  da- 
mage from  them. 


SECT.    XII. 


Where  any  Ship-Mafter  hath  Morcd  his  Ship  or  VelTel,  none  other 

Usnifoe  LpcQ      fhall  come  fo  near  to  him  firft  Morcd  as  to  do  him  damage,  or  receive 

''°'"^i  n^'f"        damage  by  him,  upon  the  penalty  of  him  fo  comeing,  to  make  good  all 

(i.ips       ou      ^^^  damage,  and  to  be  farther  punifhcd  if  wilfulnels  or  pervcrlcnefs  in 

ihc  acftion  be  proved  againft  him. 


s£cr 


Maritime  Affaires.  P7 


SECT.  XII r. 


In  cafe  any  Mafter  of  Ship  or  Veffcl  Under  fiile,  fhall  run  en  board  Maftfrt J^unning 
any  other  Ship  or  VefTel  at  an  Anchor,  and  damnific  hini,  the  party  of.  «,%" AnJiJif^ 
fending  fhall  pay  the  damage;  and  fuch  Ship  or  VefTel  as  he  failes  m  **'• 
fhall  be  liable  to  arrcft  for  -the  making  good  the  damage,  the  damage  to 
be  judged  by  indifferent  men,  appointed  by  the  Judges  thereof,  unleft  the 
parties  agree  among  thcmfelves 


SECT.    XIV. 

In  eafe  of  lofs  of  Goods  by  reafon  of  throwitig  fome  over  board  to 
cafe  the  VefTel  to  fave  the  reft,  the  Goods  thrown  over  boerd,  fhaU  not  Gcoasii,, 
be  done  witbout  the  Mafter  and  major  part  of  the  companies  conient,  or  v*rboara.„  ,..- 
at  leafV  of  the  Officers  with  the  Mafter,  which    Goods  fhall  be  brought  %tnl.'!^x^'il 
into  an  Avarage,  and  the  whole  lois  to  be  born  by  Ship,  and  Goods,  and   '"=<'' jond  by  en 
Wages  in  proportion  that  are  faved  ,  The  like  courfc  fhall  be  for  cutting  ■'*""**^ 
orNTafts,  and  lofs  thereof,  or  "Boats,  Cables  or  Anchors,  as  alfo  of  Ri^'gin 
and  failes,  for  the  fafety  of  the  whole,  the  Merchants  Goods  are  to  bear 
a  part  of  the  lofs. 


.jrOwno- 

or    vfrboard  hy  rrh 


loire 


SECT.    XV. 


In  cafe  a  Sfiip  or  VefTel,  at  fetting  forth  proves  deficient,  and  gives 
over  tf^e  Voyage,  the  Charges  the  Merchant  hath   fuftained  in  Shipping  pairsj' u>  .i» ^ 
and  Landing  his  Goods,  fhall  be  ~born  by  the  Mafter  and  Owners  of  fuch  JJ""^"" 
Veffd,  that  prefumes  to  tal<.e  Goods  into  an  infufficient  Bottom. 


SECT.    XVI. 


Any  Ship  or  VcRel  at  Sea,  receiving  damage  by  the  Mafters  or  Mar- 
rincrs  negligence,  yet  bringeth  the  Merchants  Goods  home,  anddelivereth 
them  aecoVdmg  to  Bills  of  Lading,  he  fhall  receive  his  frafght,  but  if  fHe  ^artagi^lsrt 
Goods  be  damnified,  the  Mafter  or  Marrmers  fhall  make  good  the  da- 
mage. 


^rcf. 


98  Marhime  ty^ffalres. 


SECT.    XVII. 


S,y  !o*l^'  ^^  ^"y  ^^'P  °"^  ^'''^''^  '"  ^<^™'  ^^"  break  loofc  and  fall  upon  another, 

and  do  her  damage  for  want  of  ground  tackle,  ilie  Sliip  breaking  loofe 
fhall  make  gcod  the  damage;  but  if  it  appear  the  Mailer,  or  Marrinery, 
cr  both,  are  negligent  of  frcfliing  their  Hcafc,  or  clearing  their  Cables, 
they  (hall  pay  the  damage  for  fuch  neglecfl. 


SECT.    XVII], 


All  Marrincrs  being  fhipt   upon  a  Vovage,  and  in   pay,  they  fhall 
"rholTw  "'  fJue'y  3^tend  the  fervice  of  the  Mafters  Shi'p  or  VcfTel  for  the  Voyage, 
and  not  abfent  themfelves  day  or  night  without  leave  from  ihe  Mafter, 
upon  forfeit  for  every  offence  fivs  l[lnUingSi 


rine/s  unruJincfs 


SECT.    XIX. 


No  Oflnccrs  or  Martinets  fhall  be  diforderly  or  unruly,  to  occafion 
Officers  or- mat-  difturbance  in  the  Ship  or  other  VcfTel  he  is  (hipped  upon,  to  hinder  or 
" '""" ""'"  "" "  damnific  the  Voyage,  to  be  proved  by  the  Mafter  or  other  Marrincrs,  or 
both,  upon  penalty  of  paying  the  damage  if  able,  and  in  cafe  of  inability 
to  pay,  to  fufFer  Corporal  puni(hmcnt,  as  the  nature  of  tlie  offence  may 
appear  to  the  Judges,  and  in  cafe  Mafter  or  Marrincrs- flwll  -conceal  the 
oftcnces  of  fuch,  and  refufc  to  give  in  evidences  therein,  they  fhall  be  a- 
Tnctced  or  imprifoncd,  as  the  Judges  (hall  fee  meet. 


SECT.    XX. 


If  any'fliall  undertake  the  charge  of  Pilot,  Doatfwaln,  Gunner, 

^notjtit  rilots  (jy    jj^y  other   Oftice,  in  Ship  or.  other  Vcftci,  and  not  be  able  to  dif- 

charge  the  duty  of  the  place,  fuch  fhall  lofc  their  Wages  in  part  or  in 

whole,  and  be  further  punilhcd  for  their  prefumption,  as  the  Judges  (hall 

fee  meet. 

Sea 


Maritime  tylfaires. 


99 


SECT.     XXI. 


All  Marriners (hall  keep  tmeWarcbatSeaor  in  Harbour,  astlicMafter  wiuhtobf 
ftiall  appoint,  upon  pain  ot  forfeit  of  tndvc  pence  for  every  default,  to  be  ^f 
de/aJkcd  out  of  their  wages. 


SECT.     XXII. 


Any  Marrincr  that  hath  entrcd  upon  a  Voyage,  and  fhall  depart  and 
leave  the  Voyage,  (hall  forfeit  all  his  wages,  one  half  to  the  poor,  the 
other  half  to  the  Mailer  and  Owners,  and  be  further  punifhcd  by  Im- 
frifonmcntorotherwife  as  the  cafe  may  be  circumftanced,  to  be  judged  by 
the  Magiftrate  or  Magiflrates  they  are  complained  to,  except  fuch  Sea 
man  fhall  (hew  juft  caufc  for  his  fo  leaving  the  Voyage,  and  fliall  pro- 
cvire  an  Qrdex  therefore  from  Authority. 


M»rr'ne<"!<i«r«r- 
fiPgthe  VOyige 


SMCT.    XXIII. 


If  any  Marrincr  fhall  have  received  any  confiderable  part  of  his  wa-  BunmyMani- 
ges,  and  ihall  run  away  from  the  Ship  or  VefTel  he  belongs  to,   and  dc-   "«'» 
cline  the  fervice  of  the  Maflcr  in  the  profecution  of  the  Voyage,  he 
fhall  be  purfucd  as  a  difobsdicat  Run-away  fervant,  and  proceeded  with 
OS  inch  a  one. 


SECT.    XXIV, 


If  any  Marriner  (hall  entertain  any  Perfon  or  Perfons  on  Board  the 

Ship  or  VefTel  he  failes  in,  without  the  Mafters  leave,   or  Mafters  or  MjrrlntrcMft.-- 

Marriners,  fhall  do  it  at  unf'eafonable  times,  he  or  they  (hall  forfeit  (»'<■«-  t^i"<n«  wi'*""* 

ty  pllitJ^Sy  one  half  to  the  Poor,  the  other  half  to  the  Owners.  "^'^'"  '*'* 


Va 


Sv(f. 


loo  Maritime  J f aires. 


SBCr,   XXV 


No  Sea  man,  or  Sea-men,  or  Officer  ihall  commit  any  outrage  upon 
the  Mafter  of  any  Ship  or  VdTel,  "bul  thofe  fo  offending  fhail  be  fcverely 
ouiragcopon      punlfhed,  ty  fine  or  other  Corporal  cvnjftiment,  as  the  fa<ft  (hall  appear 
the  Ma  ct  ^^  ^^  circunnftanced  to  the  Judges  tiiat  {\\s)\  hear  it,  and  as  they  fliall 

judge  meet^  If  atiy  Officers  or  Marnners  fhall  combine  ^gainft  the  Ma- 
Aer ,  v^hereby  the  Voyage  {hall  "be  diverted  or  hindrf  d,  or  that  da- 
mage thereby  fhall  acaue  to  the  Ship  and  Goods,  they  fhall  "be 
punifhed  with  lofs  of  Wages,  or  otheiv/ife  as  mutiniets,  as  the  cafe 
may  require. 


SECf.    XXVI. 


In  cafe  any  Ship  or  Veffel  be  in  diftrefs  at  Sea,  by  Tempeft  or  other 
accident,  the  Marriners  /hall  do  their  utmoft  endeavour  to  affift  the  Ma- 
i'iTM),fm^  ^^^'^ '"  ^^^'"^  5^'P  2"^  Goods,  and  not  defcrt  him  without  apparent  ba- 
xard  appear,  that  "by  their  flaying  they  may  lofe  their  lives. 


SECT.  XXYII. 


And  in  cafe  of  fufFering  Shipwrack,  the  Marriners  arc  without difputc 

Matr!nfrj  Jo  do   upon  their  getting  on   ftiore,  to  do   their  ulmoft  endeavours  to  fave  the 
*sy,ifvricK\o  "   Ship  or  VcileL,  Tacl^le  and  /ipparcl,  as  alfo  the  Merchants  Goodsasmuch 
faysiheOooili    ^  may?  out  of  which  they  Ihall  have  a  mert  compenratioo  for  their  ha- 
zard and  pains:  and  any  upott  conviilion  of  negligence  herein  Dull  bo 
puiufbed. 


Marriagii, 


Marriages,  loi 


^J^Tamagis  and  Married  Perjons. 

IT  is  Ordered  by  this  Court  and  Authority  tWeof;  That  no  man  ftiall  J_.2}.i7- 
ftrike  his  Wife,  nor  any  Woman  her  Husband,  on  penalty  of  Tuch  fine 
not  exceed tng  ten  pounds  for  one  offence,  or  fach  Corporal  punifliment  as 
the  County  Court  fhall  determine. 

2.  For  '-prevention  of  all  unlawful  Marriages  ; 

It  IS  Ordered,  That  henceforth  no  perfon  lna]l  be  joined  in  Marfiagc,  _,     ,.    ,^,. 
before  the  intention  oi  the  parties   proceeding  therein,  bath   been   thice  lin.ea 
times  publifhed,  at  fome  time  of  puWick  Leift'jre  or  Town-meeting,   m 
both  the  Towns  where  the  parties  or  either  of  them  do  ordinarily  i-cfide,  W^^ 
or  be  (et  up  in  Writcing  upon  fome  port  of  their  Meeting  hoiife  dticr  in 
publick  view,  there  to  fland  fo  as  it  may  eafily  Lc  read,  by  the  fpace  of 
fourteen  deiyes.    [  1639.  ]] 

3.  ny^iid  whereas  God  hath  committed  the  care  and  pover  into  the  hands 
cf  Parents  for  the  djfpojing  their  Children  in  Marriage,  fo  that  it  is  agatnjl 
Rule  to  feek^to  draw  away  the  affeSions  of  young  Maidens  ^  under  pre- 
tence  of  purpofc  of  Marriage,  before  their  Parents  have  gtwn  way  and  al- 
lowance in  that  refpeff;  ylnd  whereas  it  is  a  common  pralitfe  m  dirers pla- 
ces, for  young  ir.en  irregularly  and  dtforderly  to  watch  all  aJvaWages  for 
their  evil  purpofcs^  to  injinuate  into  the  affeff ions  of  young  Maidens^  by  come- 
ing  to  them  m  places  and  feapns  mikriown  to  their  Parents  for  fuch  endsj 
whereby  much  evil  hath  grown  amongfl  us,  to  the  diponour  cf  God,  and  da- 
mage of  parties;  For  preventwn  whereof  for-time  to  come; 

It  is  further  Ordered,  That  Avhatfocver  perfon  froin  henceforth,  mail 
endeavour  direcftly  or  indiredly,  to  draw  away  the  AfFecition  of  any  Maid  J^onit"'*"  of 
m  this  JurifdicStion,  under  pretence  of  Marriage,  "before  he  hath  ol)tained  mXtiUj  ^' 
liberty  and  allowance  from  her  Parents  or  Govemoiirs  (  or  in  abfence  of  """^  ^<0]cv\ 
fuch)  of  the  ncarcfl  Magiftrate,  he  fhall  forfeit  for  the  firft  offence  five  "rZ.'^^"' 
pounds,  for  the  fecond  towards  the  party  ten  ppunds,  and  "be  bound  to  for-  Penalty  5.11, 
bare  any  further  attempt  and  proceedings  in  that  unlawful  -defign,  with* 
out  or  againft  the  allowance  aforefaid ;   And  for  the  third  oiFence  upon 
information  or  complaint  by  fuch   Parents  or   Covernouis  to   any  Magi- 
ftrate,  giving  Bond  to  profccute  the  party,  he  fhall  be  committed  to  prifon, 
and  upon  hearing  and  ConviOion  by  the  next   Court,  fhall  be  adjudged 
to  continue  in  Prifon,  until  the  Court  of  Affiftants  fhall  fee  caufe  to  re- 
Icafe  him.     £  z^-?/.  ^ 

4.  whereas  divers  perfons,  both  Men  and  Woynen,  living  xcilhin  \h\s 
jurifdiBion,  whofe  Wives  and  Husbands .  are  m  England,  or  clfe  tt'herr,  by 
weans  whereof,  ihcy,  live  under,  great  temptations  here,  and  fvme  qf  them 
eowmittiftgkwdnc'fs  and  filthinffs  lere'amon0  k-%  others -make  loye  lo  Wo- 
men and  Vttcmpt  Jifarria^e,  and  feme  bavc  oUa/ii:d  H,  and  fome  of  ihem 
live  under  fufpit ion  of  undcaniefs,  and  all  to  the  great  difhoncur  of  Gcd,,n- 
froach  of  Ti^cligton/Cnmrnon-wealth  and  Clurches; 

It  l<!  Iherefore  Ordered  by  this  Court  and  Authority  thereof,for the  preven.  „„^;jap„^<,^ 
tion  of  all  fuch  future  evils,  That  all  fuch  married  perfons  as  aforefaid,  fha}]  re-  iogoioi),ar 
pan  to  their  faid  Relations  by  thefirft  oportumlv  of  fhippmg,  upon  the  pain  or  ";l^^''^>,,'"'  ^'" 
penalty  o{t\vcn{ypcai>jds.  exeepttVy  can  (hew  JuH  caufe  to  the  contrary  to  the 
next  County  Court,  or  Court  of  AffiAanta,  after  they  are  Summoned  hy  the 
'  Z  Conftable 


*^  A  1  it?r^T>  VI 1  A 


loz  Mar^aU 


Conflable  there  to  appear,  wl^  are  hereby  required  fo  to  do,  upon  paia 
conft.  topi-efnii    of  twenty  pillmgi  for  every  (bob  default  wittingly  made: 
uci>.  to  coiiri         Provided  this  Order  do  not  ejftend  to  fueh  as  are  come  over.to  make  way 

for  their  families,  or  are  ih  a  tranfient  way,  only  for  Traffick  or.Mer- 

chandize  for  fomc  fmall  time.     [^  }^47.'S 

J.   tyis  ihe  Ordiriattce  of  Marriage  is  honiurabk  amongjlr  all,  Io^jouU 
ti  he  aecordjn^ly  fokmnicedy 

It  is  therefore  Ordered  by  this  Court  and  Authority  thereof  j  That  no 

who  ir<iy  Mem-     perfoo  whatfoever  in  this  Juri/di^ion,  fhall  joyn  any  perfons  tog^ether  in 

Diz.Mirriagc        Marriage,  but. the  Magiftrate.    or  fuch  other    as  the  General  Court,  or 

Court  of  Affiftants  fhaJl  Authorize  in  fuch  pl^e,  where  no  Magiftiate  is 

near. 

>Jor  Ihall  any  joyn  thcmfelves  in  Marriage,  but  before  fome  Nagifttate 
or  perfori  Authorized  as  aforefaid. 

Nor  fhall  any  Magiftrate  or  other  pcrfon  Authorized  as  aforcfaid,joyne 
Notofforc  pi.b-    any  perfons  together  in  Marriage,  or  fuffer  them  to  joyne  togetlier  in 
Marriage  in  their  prefeoee,  before  the  parties  to  be  Married  have  been 
publifhed  according  to  Law.    f  I64^»2 


1^  Anfwer.to  the  Queftioni  T^hether  it  be  lawful  for  a. Man  that  hath 
buried  hii  frji  Wtfe^  to  Marry  mth  her  that  xvas  his  frjt  Wtves  m/ltural 
St/leri      The  Court  refolves  it  on  the  I^egative,     Q  f^7p^} 


itit'ion 


MARSHAL. 


IT  \&  Ordered  by  this  Court  and  Authority  thereof;  That  every  Marfhal 
j^-,  fh^"  diligeritly  and  faiQifuliy  Colledl  and  Leavy  all  fuch  fines  andfums 

j^.  of  Money,' of  every  perfon  for  which  he  fhall  have  Warrant  from  there- 

M-ornialioifa/y    fpedivc  Trcafiu-crs,  or  other' Authority,  which  he  fhall  return  to  the  faid 

alt  Fines  Treafurer  vi^ith  all  convenient  fpeed,  upon  penalty   of  forfeiting  two  Jhil^ 

lin^s  out  of  his  own  Eftate,  for  every  Pound  not  Colledted  or  Returned 

as  aforefaicL,  or  fuch  fine  ae  ^any  Court  fhall  impofe  upon  him  for  hie 

negk<f^. 

2.  And  every  Matfhal  -fhall  with  all  fpeed  and  faithfulnefs  Leavy  the 
Toffrvf  ^iJ  Goods  of  every  perfon  for  which  he  fhall  have  Warrant,  by  virtue  of  any 
Eucui.onj  Execution  granted  and  figned  by  the  Secretary ,    or    other  Clerk  Autho- 

rized (hereunto;,  and  the  faid  Goods  fo  Leavied,  fhall  Wifh  all  convenient 
fpefd,  deliver  to  the  Party  or  Attorney  that  obtained  the  Judgtmerll:  and 
Execution,  or  be  liable  to  rtiake  full  faHsfad^ion  to  the  party  for  ail  da- 
mage fvif^ained  by  his  ncglcft. 
tatdurn  E«f  And  the  faid  Marflial  Inall,  within  two  Months  after  the  receipt  of  any 
5t'rt'°  fuch  fxecut ion,  make  Retoni  cf  the  faid  Exeootion,  with  what  he  hath 

done  by  virtue  thereof  under  hk  h.-.nd  to  the  Clerk  that  granted  thefamc, 

to 


Marjhaf.  103 

to  be  by  h|irn*kept  ond  Recorded;  and  if  the  Execution  be  not  fully  falis- 
fied,  1>if  hii  Clerk  fhall  at  the  rt-que.'t  of  the  party,  grant  Execulion  for 
the  remmnder : 

And  every  Morfhal  negieifling  to  make  return  of  ExecutiooK  as  afore- 
faid,  fhall  forfeit  double  to  the  damage  any  pcrfon  concerned  therein  rr:ay 
fuRain  by  fuch  negleft. 

3.  further  the  fold  Marfhals  fliall  with  like  care  and  faithfulncfs,  L.i.p.jO. 
ferve  all  Attachmenls    dire(ried  to  them,  and  retnrn  the   fame    to  the  Mrb-fhsi tio»  ta 
Courts  to  which  they  arc  returnable  at  the  times  of  the   returns   thereof,  Wcnct*^ 
and  henceforth  no  Marfhal  fhall  be  Clerk  or  Recorder  of  any  Court. 

4.  And  it  is.  hereby  Ordered,  That  the  Marfhals  Fees  fhall  be  twelve 

fence  m  the  found,  to  be  paid  by  the  refpective   Treafurers,  for. ail    fines   L.3.V-7- 

leavied  by  the  faid  Marfhals,  and  returned  to  the  fatd  Treafurers,  and  for 

ferving  Attach-Tisnts  within  one  mile  one  Jhillhi^  three  pence,  to  be  paid  '*'"'*'''^^"' 

by  the  parly  that  imploys  them;  and  for  ferving  Executions  twihe pence 

in  the  pound,  for  all  fums  not  exceeding  ten  pounds,  aTi3  for  all  fume  a'bove 

len  poinds  nnd  net  exceeding /(Tr/)'  founds,  fxpertce  in  the  fetciid  mere,  and 

for  all  ft'n^.s  above /orly  pounJs,  and  not  cxceeding^  one  Imtidred  founds^ 

threepence  i.t  the  pc/na  more,  and  one  fenny  in  the  found  more  for-  all  futns 

above  one  hittdrcd  pounds,  out  of  the  Eftate  of  tlie  perfon  the  Execution 

is  fcrvcd  upon,  over  and  above  for  the  execution. 

And  in  ail  cafes,  where  the  aforefaid  Fees  for  Leavying  Executions  or 
TJr.es,  "Will  not  anfwcr  the  Marfhals  travail,  atid  other  nccdffajy  charges^ 
the  Marfhal  or  other  Officer  imployed,  fhall  have  power  to  demand  fix 
fence  per  mile,  and  upon  refufal,  to  Leavy  the  fame  together  with  his 
other  Pees. 

5.  And  it  is  Ordered,  That  all  Marfhals  and  Conflables  within  this 
Jurifdi(fiion,  fhall  henceforth  from  time  to  time,  allow  and   pay   unto  the   ■^■Sih^'^ 
Marflial  General  ihree  pence  out  of  every  fifteen  fenee  they   receive   for 

ferving  Attachments,  alfo  threepence  out  of  every  jhi{!ing  due  to  t>iem,for 
T^^ca vying  of  Fine;  and  Executions. 

And  it  is  further  Ordered,  That  the  faid  Marfhal  General,  fhall  from  Marfhii  Genwst 
time  to  time  have,  and  enjoy  to  his  own  ufe  and  "benefit,  the  Cudome  of  '  ''*" 
Ivi/openee  per  quart  upon  all  fucli  as  do,  or  fhall  Retail  ftrong  waters,  and 
all  ill ch  as  fl)all  fell  under  one  Gallon  at  a  time,  fhall  be  accounted  Re- 
tailers, whetlici  L'cenfed  or  not,  and  the  one  half  of  the  f\ns  o(  fvt founds 
of  all  fuch  perfons  as  fhall  upon  his  information  or  complainl  be  convicted 
to  have  fold  ftrong  waters  without  Lieenfe  ^  as  alfo  the  fole  benefit  of  \\]e 
ImpoR  of  all  ftrong  waters  brought  into  the  Country,  which  th'KS  Court 
doth  allow  as  a  meet  Ineoura^ement  and  Sallary  for  the  fervlce  of  the 
faid  MaiThal  General. 

6.  nh^re^s  the  Afurfhals  and  their  f)eputies  have  often  need  of  Ajji-    T,_i,p,  to. 
fi/ints  in  the  execution  cf  their  Office, 

It  is  Ordered  that  they   and   every  of  them,  have   and   fh<tll   have  the.   Msrt>iii  mij  r« 
fame  pow.er  to  enjoyne  en^  charge  any  perlon  to  aid  Ihem  and  adift  them   S""!*.','*. "  ^' 
therein  as  every  Conftabie  hath,  and  whofoevcr  fhall  refufe,  or  not  yield    ''"  '  "   '^ 
Ohedien.'c  thereto,  fhali  incur  the  like  penalty  that  thofe  do  orfhould  do, 
that  Refufe  to  aid  the  Conftablc  in  his  Office. 

7.  And  .upon  cafes  of  Pinca  and  AlTefsments  to  be  Leavied,  andunon  L.i.p.  ifj; 

Z  z  I>;ecution6 


104.  M'afterSy  'SnvanU^  Labourer!. 


officer  ma  ExccutioH  iti  civil  Aftions,  ttic  Maifhal  or   other  Officer  (htW  demand  the 

brf3Ho?<"Qoo"  farne  of  the  party  at  his  hciifc  or  place  of  iifua'  abode,  and  upon   refufal 

nc  chtfft  ^  -       l__     iT II    t ... /—-It: -iT*. /1_— 1ft /•_      .     _.rt_\    i_ 


or  non-paiment,  he  fhall  have  power  (calling  alfiftancc  if  he  fee  caufc)  to 
break  open  the  door  of  any  Houfe,  Chcfl^,  01'  place  where  he  fliail  have 
notice,  that  any  Goods  liable  to  fuch  Leavic  or  Execution  fhall  be,  and  if 
he  be  to  take  the  perfon^  he  may  do  the  like,  if  upon  demand  he  fhail 
refufe  to  render  himfelf. 

NfCfT^iry mar-  g.    And  what cvct  chargcs  ihc  OfTicer  fhall  neceflarily  be  put  unti?, 

gcstobcicavi      y^Q^  3„y  fy^j.,  oecafion,  he  fhall  have  power  to  leavie  the  fame  as  he  doth 
the  Debt,  Fine  or  Execution,  and  where  the  Officer  fhall  Icavie  any  fuch 
Goods  upon  Execution,  as  cannot  be  conveyed  to  the  place  where  the 
party  dwells,  for  whoin  fudi  Execution  fhall  be  leavied  without  confide- 
rabie  charge ,  he  iliail  leavic  the  faid  charge  alfo  with  ihc  Execution. 
The  like  Older  fball  be  obfervcd  iri  kavying  of  fnfs,  Provided, it  (hall 
Gcod'Mcmpt      j^oj.  \,Q  lawful  for  fuch  Officer  to  leavie  any  mans  neeeflbry  Bedding,  Ap- 
frcm  ExecLiion   ^^j.^j^  Tools,  or  ArTOs^  neither  Implements  of    Houfe  bo)d,  which  are  fot 
the  ncccifary  upholding  of  his  life,  but  in  fuch  cafes,  he   fhall   leavie  hjs 
land  or  pcrl'on  accordmg  to  Law,  and  in  no  cafe'  fhall  the  Officer  be  put 
to  feek  ovu  any  mans  eftate  further  then  his  place  of  .abode,  "but  if  the 
party  will  not  difcovcr  his   Goods  or   Lancis,  the  OfSccr  may  take  his 
pcrfon; 

9.  And  it  is  Ordered,  That  if  any  Officer  fiiall  do  injury  to  any  by 
^no'ltonl^ke     colour  of  his  Office,  in  thefe  or  any  other  cafes,  he  fhall  be  liable  upon 
fjtisf-oioa         complaint  of  the  party  wronged,  by  Aftion  or  information,  to  make  full 
teflitution.     [,i^47-2 


ScrvjnK  "Pl  fo 
give  or  ctucW 


Map  en  J  ServanUy  Labourer!^ 

IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  no  fervant 
cither  Man  or  Maid,  fhall  cither  give,  fell  or  truck  any  Commodity 
whalfccver  without  Licenfe  from  their  Mafters,  during  the  time  of  their 
fervice,  under  pain  of  fine,  or  corporal  punifhmcnc,  a:  the  difcictionofthe 
Court  as  the  offence  (ball  defcrvc. 

wcnk  the  whole  2,  And  that  all  Workmen,  (hali  work  the  whole  day,  allowing  con- 

^"'i  vcnient  time  for  food  and  tell 

3  It  is  alfo  Ordered,  That  when  aiiy  Servants  fhall  run  from  their 
«ef«n»s  run  a-  Maftcrs,  Or  any  other  inhabttants  fhall  pnvily  go  away  with  fufpition  oi 
woytobe  puf.  gyji  intentions,  it  fhall  be  lawful  for  the  n£xt  Magiftracc  or  theConftabie 
"  and  two  of  the  chief  Inhabitants  where  no  Magiftrate  is,  toprefs  Men  and 

Boats  or  Pinciacse  at  the  publick  charge,  to  purfue  fuch  perfons  by  Sea 

and  Land,  and  bring  them  back  by  force  of  Arms. 

4.  It  is  alfo  Otdered  by  the  Authority  aforefaid;  That  the  Ftccnien 

of 


MaJierSf  ^ervontjj  Lahcunn, 


105 


of  every  Town,  may  from  time  ro  time  bs  occafion  fliall  require,  agree  a-  ^^gfj.obe  rn 
niongn:  themfelves  about  the  prizes  and  rates  of  alt  workinens  labour,  and   t^t'ie  Frje^tn 
fervanrs  wages.      And  every  perfon  inhabiting  in  any  Town,  whet}ier- ""' '"'*"* 
Workmen,  Labourer  or  Servant,    (hall  be  bound  to  the  fame  Rate*, 
which  the  (aid  Freemen,  or  the  greater  part  fhall  binde  themfdves  unto, 
and  whofoevcr  fhall  exceed  thofe  Rates  fo  agreed,  (hall  be  punifhed  by 
the  difcretion  of  the  Gjurt  of  that  Shire,   according  to  the  quaHty  and 
meafure  of  the  offence  ^  And  if  any  Town  fhall  have  any  caufc  of  com- 
plaint again/t  the  Freemen  of  any  other  Town,  for  allowing  greater  Rates 
or  wagtfs  then  themfelvc';,  the  County  Court  of  that  Shire  ftiall  from  time 
10  time,  fet  oidei'  therein. 

5    ^nd  for  fervants  and  rvorkmem  vca^es ; 
It  is  Ordered,  That  they  may  be  paid  in  Corn,  to  be  valued  by  two 
indifferent  Freemen  choren,  the  one  by  the  Mafter  the  other  by  the  Scr-  ^id!o  c°<.r«' 
vant  or  Workman,  who  alfo  are  to  have  rcfpeift  to  the  value  of  the  work 
or  fervice,  and  if  they  cannot  agree,  then  a  third  nan  fhall  be  chofcn  by    tobevjiuea 
the  next  Magiftrate,  or  if  no  Magiftrate  be  in  the  Town,  then  by  the  next 
Conftable,  unlefs  the  parties  agree  the  price  themfelves  ^  Provided,  if  any 
Servant  or  Workmen  agree  for  any  particular  payment,  then  to  be  paid 
in  fpeeie,  or  confidcration  for  default  thereii! ,  And  for  ail  other  payments 
in  Corn,  if  the  parties  cannot  agree,  they  fhall  choofe  two  irJdiffcreni 
men,  and  if  tliey  cannot  agree,  then  a  third  as  before. 

6.  It  is  Ordered,  and  by  this  Court  Declared;   That  if  any  Servant  strvjr.t. Hymj 
Jliall  flee  from  the  Tyrany  and  Cruelty  of  his  or  her  MafVer,  to  the  Houfe   ^%"i!^h,',b^°fd 
of  any  Freeman  of  the  fame  Town,  they   (hall  be  there  protcOed  and 

fuftaincd  till  due  order  be  taken  for  their  Rdief  ^  Provided  due  notice 
thereof  be  fpeedily  given  to  their  Mafter  from  whom  they  fled,  and  to  the 
next  Magiftrate  or  Conftable  where  the  patty  f6  fled  is  Harboured. 

7.  Alfo  that  no  Servant  (hall  be  put  off  for  above  a  year  to  any  other,  5„v,ni'nnrrM 
neither  in  the  life  time  of  their  Mafter,  nor  after  their  death  by  their  Exe-  o(r><-iiV'^<'Ui'o- 
cutors  or  Adminiftrators,  unlefs  it  be  by  ccnfent  of  Authority  aflcmbledin  ^="" '^"  =  ""S- 
fome  Court,  or  two  Afiiftants,  or  otherwife  ali,  and  every  fuch  Affigre- 

ment  to  be  void  in  Law. 

8.  And  if  any  man  Dnite  out  the  Eye  or  Tooth  of  his  Man-fervant  s,,^,„u.r„^,A, 
or  Maid-fcrvant,  or  otherwife  main:  or  much  disfigure  them  (unlefs  it  be  lobcdirchirgtd 
by  mcer  cafualty  )  he  fhall  let  them  go  free  from  his  fervice,  and  fhall 

allow  fuch  further  Recompence  as  the  Court  fliall  adjudge  him. 

9.  And  all  fervants  that  have  ferv'ed  diligently  and  faithfully,  to  the  F,ii»,f.ircr»ji.r. 
benefit  of  their  Matters,  Seven  years,  fhall  not  be  fent  away  empty  j  And   '«•«<<" 

if  any  have  been  unfaithful,  negligent  or  unprofitable  in  their  fervice,  not-   ^^f,\\\t>x\  <..«.- 
withftanding  the  good  ufage  of  their  Mafters,  they  (hall  not  be  difmiffed,  "•"* 
till  they  have  made  fatisfaftion  ace  ordmg  to  the  judgement  of  Authority. 


hi 


Malu 


io6  Malt.    Mills. 


MALT. 


A  gT  is  Ordered,  That  no  Maliler  or  maker  of  MaJt,  fball  henceforth  dc- 

M.ji-iaz.   Ijjygj.  ^^  pjfg  ^^yJ^y  guy  j^^^i^  jjy  |,jjj,  ^jy  j^jg  pfocurement  made  before  it 

be  cieanfed  from  the  duft  and  taile,  ^vhich.arifeth  in  the  Malting,  drying 
and  ordering  it  iii  his  hands,  on  penalty  of  %xte\ve  fence  per  Bujhely  upon 

NuittobecUit)  convi(fiion  before  any  Magifttate  or  Couit,  the  one  half  to  the  Informer, 

ftdfrom  daft      ^}^g  q^\^q,.  hgif  jq  ^hc  Country. 

Tfcii  Cmrt  taking  into  firms  conjideratkn  the  £reat  necejfity  of  up- 
c^'  ^J-         holding  the  Jla^le  Cmvmcdims  of  this  Ccuntry,  for  the  fufply  and  fupfort  of 
the  Inhabitanti  thereof  and  finding  by  experience  the  bringing  in  of  Malty 
Wheat,  Barly,  Bisht,  'Beefy  Meal  and  Flower^  (vphich  are   the  principal 
Commodities  of  this  Country)  from  forreign  parts,  to  bs  exceeding  pvejitdi' 
cial  to  the  fubjifiance  cf  this  ^lace  and  people  here; 
NoM3tt,wheit,         Have  therefore  Ordered;  That  no  perfon  whatfoever,  either  Inhabi- 
Bisket.Beffto"' '  tant  or  Stranger,  fbal!  drrcdly  or  indiredly  after  the  firft  of  March  next, 
pen^/hj  oV  Ton-  import  into  this  JurifdiSion  from  any  part  of  Europe,  any  of  the  afore- 
fifcaiioi)  faicl  Provifions,  under  the  penalty  of  Confiscation  of  the  fame  (  except  it 

be  for  the  Ships  provifions)  that  (hall  be  fo  imported,  landed,  fct  to  fails 
or  otheiwife  difpofed,  contrary  to  the  intent  ef  this  Order. 
M3rili3ior  Con.         And  it  is  further  Ordered  and  Enaded,  Tkit  all  Marfhals-  and  Con- 
ftab'ieiofeiieit.  ftablcs  whcrc  no  Maflial  is  in  the  feveral  Towns  in  this  Jurifdii"tion,  are 
hereby  required  and  impowred  to  mnke  diligent  fearch,  v/ithin  their  re- 
fpe<ft:ive  Towns  and  Harbours  where  any  fuch  Provifions  are  Landed,  Sold 
.    ^_.j  or  otherwife  difpofed  cf,  and  to  make  feizure  of  the  fame  for  the  ufe  of 
fo/thdf'pains"    the  Country,  for  which  each  and  every  Matflial  and  Conftable  {hall  have 
allowed  them,  one  fourth  patt  of  what  fhall  be  fo  feized,  for  tlieir  care 
and  pains  herein. 

And  all  former  Laws  concerning  Impofl:  upon  any  of  the  Provifions 
aforefaid,  are  hereby  Repealed,    t  ''^/■2jJ"/-3 

,  ,■       1 T  is  Ordered,  That  the  Law  prohibiting  bringing  in  of  Malt  from  for- 
jiepeaiea       j  ^^.^^  ^^^^^  ^^  Repealed,  fo  far  as  it  itfpedeth  the  Imporaiion  of 

Male, 


Jkfil/s,    Millers, 


Miller*  TolT 


I T  is  Ordered  by  this  Court  and  the  Authority  thereof,  That  no  Miller 
1  fhall  tz-l-js  above  one  fixtesnth  part  of  the  Com  he  gilndesj  and  that 
TohjvEWfghts  g^^gy  j,^.|igy  ^^jj  i^^yj,  alwftyea  ready  in  his  Mill,  Weights  and  Scales, 

provided  ;:t  his  own  charge,  to  weigh  Corn  to  and  from  Mill  if  men  de 
fire  if.     C  '<^£S'  J^'"} 


Military^  toy 


M 1  L  1  r  A  R  r. 


FOriipTuuh  ai  the  mell  ordering  of  the  Militia  is  a  mailer  cf  great  con- 
c&Ttmeat  to  the  fafety  and  welfare  of  this  Commonwealth-^ 
It  is  Oidered  by  this  Court  and  the  Authority  thereof  ^  That  the  MW  ^^^^'vo^ 
iitary  forces  oi  Suffolk^^  Middlejcx  and  Effex,  fnall  "be  under  the  command  jore 
of  the  Serjeant  Majors  Cfiofen  in  each  County-   and  that  the   Militia  of 
j-J^orfcll^^  fh.M  be  commanded  by  the  Major  cf  the  Regiment  of  Efac,  L.2-f-i^ 
Prov/ded  the  faid  Militia  be  not  drav/n  out  of  the  faid  County  to  any  Re- 
gimmcil  exercife:  And  if  any  of  t)ie  faid  Majors  be  removed  or  difchar- 
ged  their  places,  the  Major  General  for  the  time  being,  fhall   within  one 
Moneth  at  furtheft  after  fuch   change,  fend  forth  his  Warrant  to  each 
Town  in  the  Shire,  to  make  choice  of  a  Major  in  manner  following,  viz..  ji.j6.p.  /j- 
The  Freemen,  Houfeholders,  and  fuch  Soukliers  as  have  taken  the   Oath 
of  Fidelity,  before  the  ^//ff«/fc  of  /^/«)i,  Vi6j6.'^  end  no   orher,    being 
met  together  in  their  R.cfpe<f\ive  Towns  (by  virtue  of  fuch  Warrant  from 
the  Miyor  General,  or  from  the  General  Court)  (ball  give  in  their  Votes       . 
for  fuch  a  perfon  as  they  judge  fit  for  the  OfTice   of  Serjeant  Major   of  -byThomcloiin 
that  Regiment,  which  Votes  (hall  be  fealed  up  by  the  chief  Military  Of- 
ficer of  the  place,  or  by  the  Conftable  (as  the  Warrant  fhall  direift,  ;  and 
fent  by  fomc  Freeman,  chofen  by  the  Town,  to  carry  them  to  the  Shire 
Town  of  that  County,  at  fuch  time  as  the  Warrant  fhall  direcTt,  where 
the  faid  Votes  fliall  be  opened   and  nnmbred  in  the  prefence  of  one  or 
two  of  the  ncareft  Magiftrates  and  the  faid  Freemen ,   and  he  that  fhall 
have  the  greater  number  of  Votes  being  a  Freeman,  fhail  be  prefentedby 
one  of  the  faid  Magiflratcs  unto  the  Major   General,  within  one  Week 
after  fuch  Election,  who  fhall  by  giving  the  Oath  accuftomed,  and  de- 
livering hi.Ti  a  Commiffion,  Inftal  and  Confirm  fuch    Serjeant  Major  in 
his  place. 

2,   And  every  Serjeant  Major  is  hereby  Ordered  and  Required,  once  r,,^^(,oi?i 
in  three  years  to  drav  his  Regiment,  both  Horfc  and  Foot,  in   one  convc-  mitii^wonceifi 
nient  place  in  the  County,  and  to  Inftrucfl  and  Exercife  the  Officers  and  '*>'">'"'" 
SouIJicrs  rn  Mifitary  Difcipline,  according  to   his  bcfl  skill   and  ability ; 
for  which  fervice  he  fhall  have  twenty  founds  allowed  him  out   of  ihe 
Trcafury  of  ths  Country  for  his  pains  and  charges,  for  every  fuch  Meet- 
ing: Alfo  every    Serjeant  Major,  may  as  often  as  he  fhall  fee  caufe  fend 
his  Warrants  to  require  the  chief  Otficer  of  each   Company  in   his   Regi- 
ment, to  meet  at  fuch  time  and  place  as  he  fliall  appoint,  and  there  with  Wfft'n^of  ite 
them  to  confer,  and  give  m  command  fjch  Orders  ss  fhall  by  them  be  i.osiwnt  '  "^ 
judc^d  meet  for  the  better  Ordering  and  Setting  the  particular  Companies 
in  Military  Exercifes;  and  to  jmpofe  finea  and  penalties  upon   fuch  De. 
Imquents  as  have  not  given  fatisfadtion  to  their  Captain  or  chief  Officer, 
for  ail  dieisOis  either  in  their  Arms,  Amunition,  Appearances,   Watches, 
Oifcncee,  &c. 

And  the  Serjeant  Major  fliall  with  the  confent  of  the  faid  Officers, 
ftve  Order  to  the  Clerks  of  the  feveral  Companies,  to  toke  diflrcfs  for 
the  fame  wichm  one  Moncth  after  fueh  Order. 

A  a  2  5.  v^nd! 


io5  .  Military. 

3.  ey^nd  for  the  fettlm£  parUcular  Military  Officers  in  evefy  town  of 
this  fufi{di5!on; 

H  !S  Ordered,  that  every  rreeman,  Houfe  holder  and  lifted  Souldier^ 
oZlTli"clL  J^avirg  taken  the  Oath  of  Fidelity  as  abovefaid,  (and  no  other;  fhallhave 
pin'«  liberty  to  give  l,is  Vote  for  the  Nomination  of  Military  Officers  of  that  Town 

To  be  2iiopcd  or  Company  where  he  dwells;  Provided  they  be  Freemen,  andallperfons 
col'lis'^'""^  fo  Nominated  fhall  be  prefentcd  to  the  Court  of  that  County,  to  be  allo- 
wed and  confirmed  in  their  refpeftive  Offices,  unlefs  the  faid  Court  fhall 
fee  caufe  to  the  contrary ;  and  no  pcrfcn  fhall  be  acknowledged  or  ac- 
cepted as  an  Officer  of  any  Company  without  the  allowance  and  appro- 
bation of  the  County  Court  fiift  had  and  obtained. 

-^■SS-t-'S-  4-  ■fti'd  in  every  Town  v/herc  there  is  fxty  four  Souldiers  (liable  ta 

attend  conflant  Training )  befides  the  Officers,  fuch  number  of  Souldiers 

be  ,f cotvp'!viy^°    ^^"  ^^  accounted  a  Foot  Company,  and  have  liberty  of  Nomination  of 
all  the  Officers  of  a  Foot  Company,  and  fhall  have  two  Drums. 

And  in  fmallcr  Towns,  where  there  fhall  be  a  lefs  number  then  Jixty, 
four  as  aforefaid,  they  fhall  have  liberty  of  Nomination  of  Serjeants,  and 
other  inferiour  Officers  only,  to  teach  and  inftruQ  them  in  the  exercife  of 
Arms. 

And  the  Major  of  the  Regiment  fhall  have  power  to  Order  and  Regu- 
late the  fmaller  Towns,  and  to  joyn  them  into  one  compieat  Company, 
(as  occafion  may  require)  which  fhall  have  liberty  of  choice  of  all  Offi- 
cers  as  aforefaid.     And  every  Captain,  Lieutenant  and  Enfign,  fhall  have 

J^'bave'commir.  CommifTion  from  the  General  Court,  for  the  holding  of  their  places,  and 
exercife  of  their  duties. 


5.  The  faid  Military  Officers  of  every  Company,  fliall  take  care  that 
their  Souldiers  be  well  and  compleatly  Armed,  ana  (hall  appoint  what 
fti'ifsouufTtms  ^'■"^^  ^^^'^y  Souldier  fhall  ferve  with  5  Provided  two  thirds  of  each  Com- 
pany be  Mtjfquetiets,  and  thofe  which  feive  with  Pikes,  have  Corflets 
To  exercife  5     and  Headpeices:  And  they  ihall  exercife  their  Souldiers  Six  dayes  every 
ddjcsyeafJy       ypar^  vvhen  the  Captain  or  chief  Officer  fhall  appoint,  by  giving  publick- 
warning  thereof,  three  or  four  dayps  before  the  day  of  Exercife  j  Pro- 
vided, that  fo  many  dayes  as  (hall  be  expended  by  Order  of  the  Major 
of  the  Regiment,  in  the  Exercife  of  the  Regiment,  and  in  marching  to 
and  from  the  place  of  Exercife,  (hall  be  accounted  as  j?art  of  their  fix 
dayes. 

6.  A I  To  the  three  chief  Officers  of  each  Company,  fhall  have  power 
to  punifh  fuch  Souldiers,  as  fhall  commit  any  difordcr  or  contempt  upon 

schicf  offic  to  any  day  or  time  of  Military  Exercife,  or  upon  any  Watch  or  Ward,  by 

punifh  diforders  Stocks,  Bilbocs,  Or  any  other  ufual  Military  punifhment,  or  by  fine,  not 

of  Sou  diets       exceeding  twenty  jhidings ,  or  may  commit  fuch  Offender  to  the  Con- 

fVable,  to  be  carried  before  fome  Magiflrate,  who  m.ay  binde  him  over  to' 

the  next  Court  of  that  Shire,  if  the  caufe  fo  require,  or  commit  him  to 

Frifon 

7.  Every  Foot  Souldier  fhall  be  compleatly  Artncd  and  FjfnJffeed, 
the  Pike  man  with  a  good  Pike  well  headed,  Corflct,  Fiead-peice,  Sword 

lobi^tmci'^  ^"'^  Snapfack ;  the  Mufquetiers  with  a  good  fixed  Mufquet,  not  upder 
Baftard  Mufquet  Bore,  nor  under  three  foot  nine  inches  in  length,  nosr  a- 
bovc  four  foot  three  inches  long,  with  a  Priming  wire,  Worm,  Scourer, 
and  Mould,  fitted  to  the  Bore  of  his  Mufquet,  alfo  with  a  good  Sword, 

Rcff, 


Milttayy.  lop 

Refl,  Bandelier?,  one  pound  of  Powder,  tv/emy  BuJIet^j  and  two  fathom  Sf<i\i!>'.'iliom 
of  Mateli,  upon  the  penalty  of  ten  JhiHing!  tor  every  dckO..,   And   all  o-   tcVe-^r-Dfi 
fhcr   Inhabitants  of  this  Junfdiclion,  except  Magiflrates  and   Elders  of  oirfoi of-'-r 
Cliurches,  the  Prefident,  Fellows  and  Students  of  Harvard  ColUd^e,  fhall  ^^^^i^^  j^^^^ 
aiwayes  be  provided  of  Arms,  and  furnifned  aj  aforefaid,  under  fhe  penal-  bii^nU 
tv  aforefaid. 

?.  And  if  any  perfon  cannot  procnre  Arnns  or  Amunltion,  with  fuch  ^yj,,j„.  ^^^^,5, 
means  as  he  hath,  if  he  /hall  bring  to  the  Clerk,  h  much  Corn-a;:  by   ap-  iccx't  r^J'.*/ 
prizeinent  of  the  faid  Clerk  and  two  other  indifferent  men  (whereof  one  ckrkicpro'''" 
to  "be  chofenbythe  party)  fhali  be  adjudged  of  greater   value  by   a  fiffh 
part  then  fuch  Arms  or  Amunition  is  of,  he  fhall  Toe  excufed   of  the  pe- 
rally  for  want  of  Arms  until  he  be  provided;,    And  the   Clerk  fhail  en- 
deavour to  furnifh  him  fo  fooh  as  may  be  by  fale  of  fueh  Goodsfodifpo- 
fited,  rendringthe  party  the  overplus. 

But  if  any  perfon  fhall  not  be  able  to  provide  himfelf  Arms  and   Amtr-  poorhow  to  t>a 
nition,  through  meer  poverty,  if  he  be  f'ngle,  he  fhiall  be   put  to  fervice  '^'^^^^   *'"' 
by  fome  Magiftrate,  or  the  Conftable  fhall  provide  him  Arms  and  Amu- 
nJtion,  and  fhall  appoint  him  when  and  with  whom  to  eain  it  out. 

p.  Every  perfon  above  the  age  of  fixteen  years,  fhall  duely  attend 
all  Military  Exercife  and  Service,  as  Training,  Watching,  Warding,  un-   yl.s^  f'J- 
dcr  The  penalty  of  jive  /hi/im^s  for  every  fault,  except  Magiftratc5,  Depu-  p^^^^^,  rxcmot 
tieb'  and  O/Ficers  of  Couit,  Elders  stnd  Ceacons,  the  Prefident,  Fellow-'s,  fror.TrBuiidg 
Studsitts  and  Otficcrs  of  Harvard  Colled^e^  and  profeiTed  Sehoolmafters, 
Phyfitiuis  and  Chyrurgeons  allowed  by  two  Magiflrates,  Treafurers,  Snr- 
vcyor  Genera),  Publiek  Notary^  Makers  of  ghips  atid  other  Vetfels  above 
twenty  Tuns,  Fifhermen  conflrtntly  imployed  at  all   fifhing  feafons,  con- 
ftant  Herdfmen  and  fuch  other  as  for  bodily  infirmity  or  other  juft  caufe, 
fhall  by  any  County  Court,  or  Court  of  Affiftants  (  after  notice  of  the     j    .  -^ 
parties  defire  to  the  chief  Officer  of  the  Company   to  which  be.  belongs)       ^^  '^'  '' 
be  difchargedj   alfo  one  fervant  of  every  Magiftraie  and  Teaching  Elder, 
and  the  5ons  and  Servants  of  the  Ma)or  General  for  the  time  being,  alfo 
/ueii  ar  dwell  at  remote  Earms,  or  have  a  Eerry  to  pafs,  fhall  be  exempt 
from  Watching  in  the  Town,  but  fhall  Watch  and  Ward  as  their  chief 
OiJicer  iTiali  dired  otherwife^  and  all  Farms  dirtant  above  four  miles  from 
the  place  of  exerci/ing  the  Company,  or  have  a  Terry  to  pafs  over,  that   A^i. 
have  above  twenty  Acres  of  Land  in  Trilagc,  and  twenty   Head   of  great. 
Cattle  upon  (uch  Farm,  fliall  upon  reafonable  allowance  to  the  Company, 
have  one  man  exempted  from  ordinary  Trainings. 

Jo.  And  it  is  Ordered,  That  in  every  Town  or  Company  there  (ball  1'^']''''^"'* 
be  cl)ofen(as  other  Military  Officers  are chofcn  )  adifcreet  able  man  to  be 
Clerk  of  the  Band,  and  if  any  fball  refiife  to  accept  the  place,  or  to  take  bis 
Oath,  he  fhall  pay  to  the  ufeof  the  Company  fbrty pnllin^J  and  the  Company 
fhall  chui'c  another,  and  all  tbatrcfiifc  the  place  or  Oath  as  aforefaid,  fhall  pay  Tocjiu~noii& 
forty  jhilhn^s-d  piece,  til!  onedothaccept  the  place,  and  he  that  doth  hold  the  'n/i'-V" 
place,  Jhall  have  a  fourth  part  of  the  fines  for  hrs  laboar.     And  the  Clerk  fhall 
upon  every  Training  day  twice,  once  m  (he  forenoon,  as  alfo  m  the  afternoon, 
at  fuch  time  as  the  Captain  orchief  Officer  then  m  the  field  fbalJappoinh.call  or 
caule  to  hecalledover,  the  Life  of  the  names  of  all  the  ^S.^Jl(Jiers,   and  fhall 
give  attendance  m  the  Field  ail  theday  (cxerpt  he  have  leave  from  hk^rCsptain 
or  chief  Ofbcer)   to  take   notice  of  any  defect  hy  abfence  ofSouldier^  or 
other  offences  that  may  fall  out  in  time  of  Exercife, 

Bb  And 


no 


Military. 


1  c  view  the 


o'vc  notice  ♦" 
,if)e  CaploJo  of 

to  i'lflrjiti  with. 


To  Slrpofeof 

fin>e   fo'  Hie  '•i''<^ 
of  ihc  Company 


And  the  faid  Clerk  Ihal!  twice  every  year  view  a)!  Arms  and  Amur.t- 
tion  of  the  Company,  and  take  notice  that  every  Sorldier  bs  furni/hfrl  ac- 
cording to  this  Law;  to  which  end,  by  direifiion  of  the  cliiof  Officer,  h3 
fhall  give  noiice  to  the  SouWiers,  that  upon  fuch  a  Trailing  day  appoiriilecl, 
th?y  att  required  to  bring  (in  the  forenoon)  all  their  Arns  and  Amuni- 
t!on  into  the  field,  wher.2  Jhey  (ball  be  appro  .cd  or  'difallowed  by  Hi3 
judgement  of  the  faid  chse?  Officer  then  in  thefitldj  And  furthej"  the  faid 
Clerk  ihall  bnee  in  the  vear  at  leafV,  SvrVcy  the  AriT.s  of  d\  other  Inha- 
bitants, and  fee  that  all  (except  as  before  excepted)  be  providfd  in  Ibeir 
Bcpfes  wit V  Arm?  and  J^ munition,  and  upon  every  cccafjon,  he  is  le* 
tjuired  to  ufe,  all  diligence  to  vie.w  every  mans  Aims,  wliether  Ihey  be 
compleady  f-Jinifhed  with  ail  Arais  and  Amuniirion  as  the  Law  m- 
quireth. 

And  the  faid  Clerk  (ball  within  one  week  after -any  default  mad?,  or 
def:ft  obferved,  prefent  a  Lift  of  tho  •Nanies  of  all  th:*i  are  Delbcjuent, 
and  of  their  defet^s  to  the  Capta;fl  or  chief  Officer  of  the  CoPfipar.y :  and 
fhall  wiihcut  partiality  demarjc  and  receive  all  fines  due  fo?  iwh  defe<^s, 
'acoorSing-to  thi:;  La'iVj  whicb  if  any  fhal!  refufe  to  pay,  be  fhail  make 
diflrtis  upon  the  Goods  of  fiich  perfons,  as  fnall  not  'ftrsihia  ten  ddjfes 
after  th^--r  dtfauk  be  difchargccl,  or  have  their  fines  imtigated  by  the 
Captain  or. chief  Officer  of  the  Company,  ynlefs  the  faid  c?|ief  Officer 
{hfill  fee  eaufe  to  reft."  the  Judgement  and  Determingrion  of  i'uch  default 
to  the  Major  and  chief  Officer  of  the  Regiment  at  their  meeting. 

And  ibe  Clerk  (hall  -with  the  advice  of  the  chief  Officers  of  tbe  Com 
par.-v/,  fpetdily  Jay  out  all  fincii  received  or  Jeavitd,  in  Enfi^my  Diftims^ 
J^ alter  ts,  Caniie  and  Wood  for  ihe  Wdchj  or  provide  Foveaer  and  jirnis 
for  the  pooSe:  fort,  or  otheiwife  as  in  their  difcretion  they  fti all  judge 
meet,  for  the  ufe  cf  tlic  Coinpany, 

31.  And  for  the  better  ordering  the  Militia  in  the  fevtrat  Towns ^'m 
czfss  fff  any  fudiain  exigent ; 
J.S^hi4'       It  is  Ordered,  That  there  be  a  Cotnmitty  of  Militia  in  evv>yy  Towr^, 
^J3>  and  that  the  Committy of  Militia  in  jSo/ot,   (hall  topfia   of  the  Magi- 

ftrak5  livjiij/  ih  the  Town,  the  chief  Officer  of  the  Korfe,  >f  living  m 
commitiyof  M»  Town,  and  Sie  chief  Officer  of  each  company  of  Toot,  or  ihe  greateft 
ini'Towns '"'■   part  of  them,  and  in  ftd^Jam  exigents,  any  three  of  them  miy  zi\  when 
due  rneans  being  ufed  a  greafcr  number  cannot  be  affembled*   which 
CommiUy  -fhall  have  a  Commllfion^  who  flial!  alfo  have  power  to  ap- 
point a  Military  Watch,  when  <hey  fliflU  fee  caufe,  for  the  fafeiy  of  tbe 
Town  and  Country;  And  Chsrlstov^in,  Salem  and  Iffwieh  ihaii  1»ave  the 
like  Commifty  of  Militia,  who  Ihali  bave   like  jower  by  Commiflion: 
and  for  all  ether  Tov/ns  .where  there  is  one  or  more  "Magiftrares,  the  faid 
Magiflratc  or  MagiOrales,  with  the  three  chief  Ni'itsry  Oi^cn's;  an<I 
wl(ere  no  Magiflrate  dwels,  the  Deputy  or  DepuHes  of  the  General 
Court,  with  she  three  chief  Officers  of  fuch  Town,  or  any  ihree  of  them^ 
fy^all  be  the  Committy  of  Militia  for  fuch)  Town,  and  have  power  in  all 
fuddain  exigents,  to  order  and  difpofe  the  Militia  of  kheir  Town,  fortheir 
own  fsfcty  and  defence,  till  fi'ither  Order  be  taken,  at\d  upon  Alarm,  or 
any  Invafion,  to  Arengthen  their  quarters,  and  to  hinder  any  approaching 
or  afTailing  tnem  in  a  way  of  Hortilily,  by  bearing  Arms  in  Companies, 
or  rcfufing  upon  fuch  approaches  to  come  under  command,  or  give  an 
account  what  tbey  are,  and  wit^fefore  they  are  in  fueh  pofture. 
inraPeofftlarin       And  cvcty  fui'l)  Committy,  where  any  fuch  Alarm  fhall  be  given  or 
received,  op  fhall  hz  affauited   as  aforefaid.  is  required  -wiUi  all  pothblc 
.      _  fp 


Thor  power 


Miliiary.  Ill 

fpeed  to  2'v^  intelligence  to  the  next  Magidrrte,  and  tlie  Mnjor  of  CiZ 
R'egimert  where  fuch  Alarm  is  taken,  or  afiauli  made  of  ti.e  rcafon  there- 
of, and  ftatc  of  tlje  place  fo  efTaiicd.  _        Toe5ve"!1ce 

And  the  faid  Major  is  hereby  rc<iui-ed  to  feod  forth  to  prce"«re  ini-elli-  tciLWj;^- 
g:nce  of  the  eftate  of  any  place  To  Alarni'd  or  A/Taultcd,  and  to  Order 
Affiftance  to  them  from  any  other  company  or  companies  of  hi^  Regi-  MsiorioOi-att 
mer.t,  as  the  cafe  fhall  require,  and  (hall  give  conftant  intelligence  to  the     ''''*'"^- 
Governour  or  Council  of  the  Country,  and  Major  Gciicral  of  tViC  flate  cf 
fuch  affairs  with  all  convenient  f^ecd. 

But  no  Major  of  any  Regimci::  rtial!  march  with  his'Reginrienl:  out  of  the  To  gUe  iontii. 
County  v/hcrein  he  iiath  command,  norcaufeany  part  thereof  fotodo  witV  co1"cM;^m^ 
cut  Order  from  the  General  Court,  Council  of  the  Common  wealth,  or  iofCtnewl 
Major  General,  except  it  be  in  purfuifc  of  the  Enemy  upon  a  Kout. 

And  in  cafe  of  Ueath  or  abfcnce  of  the  Major,  upon  any  fuch  occafion  M:)ornPtto 
of  fervice,  the  eldcft  Captain  of  tlie  Regiment  fiiall  fupply  hb  place  till  m^nt'cafcrfhe 
further  Order  "be  taken  j  and  the  fcnicridy  of  all  Captains  a-^d  chief  Offi-  °°''=*!' 
cers  of  every  Company  in  the  fcveial  Regiments,  fhall  be  accounted  ac-  ^  .  j,  ^ 
cording  to  the  feniofity  of  the  Towns  or  Gornpenies  they  command,  ex-  c^ti\J 
cept  the  Commanders  of  the  four  Companies  of  "Sofon,  teing  of  equal     a 
ftanding,  the  fsnionty  of  the  Captains  ftiall  be  according  to  the  prior>ty    ^''^i\  ,„ 
of  their  CommilTions.  y»./*./.i^. 

It  is  further  Ordered,  That  henceforth  all  "Warrants  for  imprefling  cocn^itiy  to 
and  raifing  cf  Gouidieia,  for  any  expedition,  (hail  be  diro(rtcd  to  the  Com-  f'^'- '^"''''^^ 
milty  of  Militia  of  the  feveral  Towns,  who  may  execute  the  fame  by  the  ^  .    »  . 
Conltable,  and  the  fiid  Commttty  are  hereby  impovired  and  required  to      '■' "^'^  *'* 
fupprefs  alt  raifing  of  Souldiers,  but  fuch  as  fhall  be  by  the  Authority  of 
this  Government. 

And  in  all  Towns  where  ti^ere  are  great  Arliiiery,  Forts  or  Bafterier,  ^^  .^ 
the  C'ommitty  of  ^filitia,  and  Sskd  men  of  the  Town,  fhall  mount  fuch 
Gum,  and  tit  them  with  appurtenances  for  fervice,  and  repair  fuch  Foits  ^ro'^'ct  ^''^^'^ 
cr  Batteries  as  they  fhall  fee  neeefTary  for  the  fecurity  of  the  Town,  the    "^"^     "^ 
charge  whereof  the  S£ie(f\  men  are  hereby  impowrcd  and  required  to  "W  r<j>iif  rotfs 
leavie  on  the  Eftate  of  the  Inhabilants,  according  to  the  proportion  of  the 
Country  Rate,  to  be  colledcd  by  the  Conftabies  of  the  faid  Town,  for 
the  ofe  aforefaid. 


WHereas  hi  the  taw  tit.  Military,  U€l.  ii.  iIk  thcs  chli  MtViifity 
Officers  in  each  Town  except  Boilon,  together  with  the  I.^agiflratcs. 
cr  Deputies,  thereof^  are  appointed  a  Ccmmitty  of.  MHiUa  for  fuch  "toans. 
mthout  meydionir.g Ihc  oS^ccrs  of  the  fjorfc,  to  be  of  (hat  Commiltv ; 

This  Court  doth  Declare,  That  the  Commifiion  Officers  of  the  Horfc 
m  the  Town  where  they  dwell,  (hall  be  added  thereto,  and  hereby  are  cowtn.iJy  of 
appointed  and  impowcred  to  be  cf  the  Commltty  of  Militia  for  fuch  "''"'^ 
Towns  where  they  dwell  j  Any  Law  or  Cufton>c  to  the  contrary  notwith- 
ftanding.    £  i66a.  3 


ji2.  It  tV  Oitlcred,  That  the  "Military  Watchcs'lbtill  be  fet  t^y  beat  of  w.hUr,  m 
jDrum  half  an  hour  after  Sun  fet,  by  the  Military, OfT/cers  in  fuch  pl<\ces  f*»»*"'^'^'« 
cs  they  fhall  judge  moft  convenient,  and  fhall ^e  Ordered  and  Difpofcd  by 
their  command  and  direction ;    And  if  any  man  O13II  Ihoot  0/ a  Gun 


7!2  Military. 

after  the  Watch  Is   fct  (  except  in  cafe  of  Alarm)  he  fliall  forfeit  forty 
Jhiltin^s. 

The  fa  id  Watch  or  ScnHnels  being  fet,  fliall   examine  all   pcrfons  that 

du"jof'°4ii"'  ^^2"  '^""''^  '^'**^'"  ^^'^'^  "^2*''^'  '"■  f^f-und,  and  all  Ihey  fufped  they  ftall 

">«■''  carry  to  their  Guard,  there  to  be  kept  till   moining,  -and  before  they  "he 

ciifmifletl,  they  fhail  carry  them  to  their  chief  C/Scer  to  b:  ixarnmcd  and 

proceeded  wit}i  according  to  iawj 

And  if  the  Sentinel  of  Watch  fhall  ineet  wilh  fuch  perfons  as  iTiall  be 
too  flrong  for  them,  or  by  their  earring?  fliall  give  jnft  caufc  of  fuipjijoji 
or  v/i!!  not  fubmit  to  their  command,  or  if  they  fhall  either  draw  imoii 
them,  or  offer  atjy  fuch  pfT.ont  in  Words  or  AtfVions,  as  fhall  put  tJiem  in 
fear  or  hazzard  of  their  lives,  they  fhall  diTchr.rgc  upon  them,  ai'd  ;ct're 
"With  fpced  to  the  Gusrd  and  raife  an  Ala«m ;  Provided  nKi'ayes  that  m 
time  of  peace,  when  the  Coi;ncil  of  War,  or  the  chief  Ofliccis  of  the 
Ccjipany  fliall  not  apprehend  priftnt  danger  by  the  ncarnefs of  anEntmy, 
it  ihall  not  be  in  the  liberty  of  any  Sentinel  ti  hazzard  the  killing  of  any 
perfon,  except  in  his  own  ncccfiary  defence  j  but  if  (he  caufe  icq'.nre  ir, 
he  ihall  retire  to  the  Gjara  and  raife  an  Alarm  by  difcharging  hisMurauet 
and  crying  Arm,  Arm,  which  (hail  lie  taken  for  sn  Alarm  by  the  SouJ- 
»!ken^?in  A  ^I'ffs  of  that  Town  ^  and  if  there  appear  danger  to  the  chief  Officer,  he 
isi-m.  fhall  either  flrtnglhen  his  Guard,  or  give  a  genera!  Alarm,  which  fhall  be 

cither  the  diflin<ft  difchorge  of  three  T^fufouets,  or  the   continued  beat  of 
the  Drum,  or  firing  a  Beacon,  or  the  difchargc  of  a  piece  of  Ordnance 
■Not  -,n(*fmt    ^"^  '^^°  Mufquets  after  it,  any  of  vvhic>i  in  the  night  fhall  he  accounted 
thtrAiaTmpensJ  a  general  Alarm,  which  every  Souldier  is  immediately  (o  anfwer,   by   re- 
^3^  ^'  pairing  Armed  to  his  Coburs  or  Court  of  Guard,  upon  the  penalty  of 

(ivs  founds. 

iSr<ii»(i5ioifpafi  13.  ^nd  upoti  any  expedition,  upon  occafion  of  any  Enemy,  or  any 

^"^  prefent  Military  Service  to  be  done,  all  SiTiiths    and   other   needful  work- 

men, (hall  immediately  tepair  fuch  Arms  and  other  Neceffaries  as  fhall  be 
brought  unto  them  for  that  end,  for  which,  they  fhall  not  refufe  fuch  pay 
VemUy  as  the  Country  affords,  upcr.  tlic  penalty  of  five  pouf^dy  for  every  fuch  de- 

fault, and  for  fuch  negled  at  any  other  time  more   then  ten  dayes,  (hall, 
forfeit  for  e'/e.y  fuch  offence  ien  pJl'^r.^s. 

\.\.  The  Surveyor  General  fhali  yearly  give  an  account  of  the  com- 
J.j6.p.!2.  tnon  ilock  of  Powder  and  Amun:tion  to  the  Council,   that  the  General 
Court  being  by  them  informed,  may  out  of  the  publick  Ticafury  make  a- 
cojftant  fupply  according  to  the  heed  of  the  Countrv- 

15    tvery  Town  fhall  be  provided  of  a  fufficient  Watch  houfe,  un- 
^•^■P-'-       der  the  penalty  of  five  punJs^  and  (hail  alfo   provide  at   their  own  char- 
ges a  fafe  and  convenient  place  to  keep  all  fuch  Pov/dcr  aod  Amunitioa 
in,  as  the  chief  Mihiary  OlTicer  by  Ordet  of  the  General  Court  (hall  ap- 
point, under  the  penalty  of  ten  pounds. 
,„    ,^       And  the  Selcdt  men  of  every  Town,  (hall  provide  for  every  fifty  Soul. 
vVarJ=lt>h!l»;  dicrs,  one  Barrel  of  good  Powder  containing  near  one   hundred  pounds, 
da&TLi'-n  one  hundred  and  fifty  pounds  of  Mufquet  iPulletfi,  and  eight  and  twenty 
pounds  of  good  Match,  and  after  that  proportion  for  every  Company  of 
Souid.ers,  in    number  more  or  lefs',   which   they   (hall  carefully  renicw 
from  time  to  time  as  fhall  be  needful,  under  the   penaltv  of  five  foiaids 
for  the  want  L^f  every  Barrel  of  Powder,  one  hundred  and  hftV  pcund.'ioj 
:Bu)leb  and  eight  and  twenty  pounds  of  Match  as  Ijcforc  JH??r.horu?(i  and 


MM  (fry.  in' 

the  Sc!e(fl  men  of  every  Town  as  aforefaid,  ate  hereby  Authorizctl  io  ali'efs 
their  Inhabi'  its  for  making  the  provjflotis  alorcfaid,  which  fhall  rcmaiDaba 
Town  ftockjbefides  all  other  Provifions  of  thatkir.dc.     [  16-}^.'} 

16.  It  is  Ordered  by  this  Court  and  the  Amhonty  thereof  j  That  no   ^  ^  ^  ^^ 
Troop  of  Ho.-fc   wilhin  this  Jurifdiftion,  fhall  exceed  the  number  of  fea  ^ 

venly  Lifted  Souldicrs  befides  Officers ;  and  that  the  Troops  raifcd  in  the  ''"^"p^"""'  «« 
feveral  Counties  be  under  the  Command  of  the  1*1.1310:3  of  tlie  Regiment  Zy/^r.dfUi- 
in  the  refpe<f\ive  Counties,  and  all   pnviledges  formerly   granted   to  in    .'ontmimini. 
courage   Troopers  fhall  be  continued,  except     free    Ferfage ,    and    free   ^ 
Comrnonage  in  divided   and   appropriate  Commons:    And  every   Troop     d\\  ,' 
confiAing  of  forty,  fhall  have  libert)'  cf  IJomnation  of  all   Officers  to  he   '    -^   '^^ 
allowed  and  confirmed  by  the  Counfy  Courts  as  the  Foot  Officers,  and 
the  three  chief  Officers  to  have  CommiflTicns. 

And  every  Trooper  fhall  keep  alwayes  a   good  Ilorfc,  and  be   well  Trocc^rshcw 
fitted  with  Saddle,  Bridle,  Hol/Vers,  Piftols  or  Carbmcs  andSwords,  under  the  to  b^ftmifhtd 
penalty  of /f/3/J)i//;«^i  for  every  ^zhd^  and  having  Lifted  his  Horfe,  fhall 
not  change  or  put  him  off  without  Licenfe  from  his  Captain  or  chief  Of- 
ficer under  the  like  penalty. 

And  every  Trooper  fhall  attend  fix  diyes  exercife  yearly,  at  fuch  time  Totjcreiri:  fix 
and  place  as  fhal!  be  appointed  by  the  chief  Officer,  under  the   penally   dovesjeni/ 
of  fire  piilliK^s  for  every  default,   to  be  leavied  and   diflreined   by   the 
Clerk  of  the  Troop,  who  is  hereby  required  to  execute  the  place  as  (he 
Clerks  of  the   Foot  Companies  )ny.tatis  r,nttandis. 

j4nJ.hccau[e  the  Troopers  living  remote  do  oftf-  avoid  their  penalties,  or  occa- 
f.onTTiv.cbtravnil  and  charge  to  the  Ckrl^to  colkci  the  fame - 

It  is  O'dered  that  the  Clerks  of  the  Troops  for  their  charge  and  rra  cicrjchisffc? 
vail  in  leavying  all  fines,  013111)6  allowed  the  Fees  of  the  Marfhal,  10  be 
by  him  leavied  and  diftrcined  together  with  the  fines^  Provided  no  Aich 
diftrers  be  made  within  one  Month  after  the  default,  that  the  parties  ni^Y 
have  liberty  to  prcfent  their  excufes  to  the  Officers,  who  have  power  upon  juft 
ctiufc  to  abate  or  remit  the  fines,as  the  Officers  of  the  Foot  have  in  like  cafes. 

Andincifc  of  Alarm,  every  Troop   fhall  fit  himfelf  in  all   refpeOs  for 
fervice,  znd  fhall  fpeedily  repair  to  the  Guard  in  the  Town  where  he  dwells    -^^  ^'• 
under  the  penalty  oi  five  pounds,  and   fhall  ducly  attend  fuch  fervice  as  the'  .,.^  TrocPs  ar 
Committee  of  Militia  of  that  Town  fliall  require,  until  he  fhall  otherv/jfe    •<iff£'r/d^n  cafe 
be  commanded  by  Order  from  his  Captain   or  other  Superiour   Officei  :   ''"'^""' 
And  no  Officer  of  any  Foot  Company  fhall  be  a  lifted  Trooper.     And   no  NrT,o„p,c  t. 
Troop  fhall  be  drawn  oir.  of  the  County  upon  any  pretence  bv  the  Cap    ^'^"""'•'«°''""' 
tain   and    Officers   thereof    (  except    in    purfuit    of   an   Enfiiiy   upon  a     """"^ 
Kout)  but  by  Order  of  the  Major  General.     And  the  Captains  of  Horle 
and  of  Foot  rcfpc(flively,  the  "Majors  of  the  Regiments,  and  the  Major 
General  arc  required  in  their  rcfpe(nive  charges,  to  take   care  the  Mili- 
tary Orders  refpe<fiing'  Foot  and  Horfes  be  duely  executed  and  obfcrved. 

Alfo  it  is  Ordered ;  That  no  Trooper  put  ofF  or  change  his  Horfc  with  T..„p,.„rf,j|. 
o'Jt  leave  from  hi--  Commcndcr,  under  u\<:  ^zr\?\iy  of  five  pounds ,  and  that  '' 
for  nonappearance  on  cnycs  of  ^xcrcif.,  th:  fin:  fluli' be  Icn  jhilimts^  and 
that  no  Trooper  King  Lifted  mny  st  \\ii  pieafurc  disband  hifnfcif  without 
leave  orderly  obtained  from  his  Commander,  nd  returned  by  certificate 
to  the  Commander  of  the  Foot  in  the  Town  to  v;hich  they  belong,  under 
the  penally  of  fuch  a  fine  as  his  chief  Officer  fh:.ll  impofc,  not  excccdiriE 
ffl)  fnllty^gs.  '^  ^ 

C  C  For 


114 


'Military. 


For  a  wort  full  ati^  clear  vriderfiavdiyi;^  of  the  intitit  of  this  Court  m  r&> 
finnce  to  Cmrrtlfftons  granted  to  MfMery  Officers-^ 
Jt  18  Ordered  and  hereby  :Declarea,  That  all  Commiffions  of  infe- 
rloux  Officers  be  nnd  do  ftand  go^d  and  in  force,  nolvuhftanding  the 
Ss*^"**      ^fstfi  or  removal  of  'hcir^upcnour  Officers. 

It  is  alfo  further  Ordered,  That  ail  trained  Souldiers,  whether  Horfe  or- 
Foot,  (hall  repair  to  their  feveral  Qtfarters  and  lodge  their  Arm?,  imme- 
diately after  their  difmiffion  upon  Training  daye§ :   And  whofoeVer  fhafi 
either  fingly  or  in  companies  remain  in  Arms,  and  vainly  fpend  theirtima 
and  "Powder  by  inordinate  fliooting'in  the  day  or  nsght  after  lireip  "Rc- 
Icafc.-,  fuch  <Souldier«  upon  convieTlion  fhall  be  punifhed  by  theif  Superiorvs- 
Ofnterc  order,  upon  t^ie  next  Traii1;n^  day  at  the  "head  of  the  Company, 
jil^dKrHn b^     by  fharp  AdmoaiHon,  or  otherwifc,  with  any  ufual  M-uhrj  puniflllmcnt 
puMfiodl^y  t>ii    gf  tf^e  difcrelica  of  Ihe  chief  Officers  Provided  ihe  Magiftrate  have  riot 
"*'"'  taken  notice  of  the  matter  'before. 

It  is  alfo  further  Ordered;  That  all  Souldiers,  v/hether  Horfe  or  Foot, 
who  fhall  difobey  t}\e  lawful  commands  of  their  Superiour  OHicers  upon 
any  Training  day,  either  in  time  of  exercife  in  the  £o3y,  or  offierwife  rc- 
fufing  lo  perform  any  fervice  which  their  Officers  in  their  difcrelion  (hall 
judge  expedient  in  order  to  the  furtherance  and  promoling  Mrhtarywork; 
fuch  r'efracfloTy  Souldiers  fliall  be  punifhed  either  by  Admonitipn  orolher- 
wifc,  at  the  he^id  of  the  Company  wrih  any  ufual  Milifaiy  ponJftimenls, 
at  llic  difcrction  of  the  chief  Officers. 

U  is  a^fo- further  Ordered,  and  be  it  hereby  EnaiTlcd,  that  the  Law  Hmr- 
Re^tcUd.        {,ng  Troopa,  not  to  exceed  feavenly  per  oris  in  a  Troop,  as  alfo   for  aK 
hw^me  o{  fivr  jlii/fw^s  per  ylnmifn  is  hereby  Kepeaied,  in  reference  to 
any  that  fhall  be  lifted  after  the  publieation  of  this  Order. 

And  ihal  henceforlh  none  fhall  "be  admitted  to  be  a  lifted  Trooper,  but 
fuch  whom  themfelves  or  Paicnls  under  whofe  government  they  arc,  do 
pay  in  a  fmgle  Country  Kafe  for  one  lundred  founds  eflalc,  and  in  ol^icr 
refpeifts  qua^ifiod  as  the  Law  provides:  And  tlie  fame  certified  under  the 
hand  of  the  Conflable  of  the  Tov/n  where  they  live.  C^^*^3-^ 


Forasmuch  as  complaih/s  h/ive  been  made  to  ihis  Court.,  of  very  grccil  wc- 
cjualiiy  in  \ecpin^  and  mmtlaimn^^  of  Military  Watches^  the  burthen  of 
thai  fervice  lyin^  '/naniiy^  if  na(  (ilio/elher  upon  fuch  as  hear  Arnis^  Vfhenfe- 
■perpl  ferfons  of  ^ood  J'jiate  are  /r«e;    All  which  confidertdy 
.  It  is  Ordered,   that  Ijcnceforlh  all  performs   whaifocvcr,  wltWn   this  Ju- 
MHliary  Wat-      yifdj^j^-p^  ^f,o  „re  liable  to  fevve   in   Ccnftables  Watches,  fhall  alfo  be 
luble  to  the  like  fervice  in  all  Military  Watches,  either  in  their  own  per- 
fonc,  or  by  a  fufficient  fupply  lo  be  made  by   all  fuch  pcnons  as  afcrc- 
ftid,  or  fhall  pay  twelve  pence  m  money,  and  that  under  the  penalty  of 
fvc  Jh'iHnip  for  every   fueh   neglcfft,  to  be  Icavicd  by  the  Clerk  of  eacli 
Company,  by  W'irrant  under  the  hand  of  the  chief  Officer  of  the  fame. 


U'tercGS 


vv; 


ty^ihiary.  HJ 


;•  Her eas  this  Court  hath  ahead)  provided  for  t^   wtU  ordenyi^  arJ  „,;„,  c,.,r,i 
Jetting  the  Mihlia^J  this  Conimcn-v/faltb^  as  in  the  Law  ti).  Mili-  f'^  ^J ,''j^',''°'^" 
\ds^ ,  yd for^jmuth  as  many  Cor,iflai»fs  are  prefenlediolhjs  Coud^  Ihdihefati  ,\,\,^.^  ^i"^ 
Orders  art  ,not  j'o  nllindd  as  n  U.  be  dcpreel;  conf'derin^  the prejeni /ii>i/lure  J°"'|i'^,^'  ^'■'■' 
vf  offoui  bzlWKK  our  Bn^lifh  Notion  and  forrci^n  :E»emiec^   who   are   new 
enroled  m  a  Bloody  War,  vi/Mch  caHs  fur  a  frudoihal  endeappur  of  cur  own 
Jofrty  {:i£ai»^  any tforrei^n  InvaCwn  or  fuSioin  Surprix.al, 

T/|is  QoMii  acih  therefore  Order  and  EnaCl,  That  the  faid  Military 
Laws  bf  by  all  perlons  therein  fnenlioneri,  forfhwilh  attended  in  all  re- 
fpcihs,  And  Tor  the  better  effe6ing:  the  fame,  the  Major  General  )S  re- 
quired forthwith  by  warrant  under  his  hand  to  the  Majfcis  of  the  fevtral 
"Regiments,  to  rtquiie  them  to  make  dilig'cr^t  incjuiry  inlo  Ihc.flafe  of  the 
feveral  Companies  under  their  charg'e,  and  to  be  ccriified  under  the  hands 
of  (he  Commi/Iion  o/ficers^  or  chief  Offirefs  where  no  Comnnilfion  Oih- 
cer*  are  of  each  Company,  of  all  dtfe<!ls  of  Arms,  Amunitirn  or  olhcr- 
Wifc  it!  every  ii(pi€\;  ^nd  ihe  uid  Majors  refpeeftively  xrt  required  to 
give  fpcedy  advice  fo  (he  Major  General  what  pcHure  iheir  faic!  Regi- 
iTienle  are  in,  and  vuhfeh'  the  faid  Majors  cannot  of  Ifiemfdve^  forthwith 
make  redrefs  of  any  defedls  in  the  f;iid  Companies,  (he  faid  Majors  with 
Ihe  advice  of  the  Tvifijor  General  have  hereby  pow^r  to  ufe  all  fawfi't 
mean5  to  effeA  the  fanne. 

And  all  ififepioor  Officers  are  hereby  required  lo  yield  ready  Obedience  rwcpounaspf- 
to  al!  fueh  Warrat>l6  fenl  io  tViem  1)/ the  faid  Majors  refpeaively,  or  Major  TX^-'^^'^'^ot 
Ger)eral,  upon  the  penally  of/vf  por^nds  for  every  fuch  ^tfcifl,  (o  "be  lea-  "'» 
vied  by  di(^e|t  by  Tuch  perfon  as  the  r?id  Major  (-Tcrera)  and  MAioisof  ihe  ah  I'l^  f^^n«  'o 
Regiments  i>l'all  depute,  whidi  faid  fines  fhcll  he  for  a  ftock  of  Powder  n", Ik  c/po'I/'h^ ' 
fo/  (he  faid  Company  v^here  the  dere<f>s  arife  ffom  time  to  tireie.  rorii,f  co-^my 

tAnd  wisereas  feveral  Towns  m  this  furifdjifim,  arefipl  uttderiheCatn- 
nurii^  ofcniy  Serjeant  Majcr^  as  Dover,  Portfmouth,  6'c.  ai alfo  I bf  Town's 
of  the  Coi/niy  of  ]:hmp(h\te; 


It  13  Ordered,  That  Ihe  Major  General  take  care  for  regulaijr\g'  of  the  Toln'  ih-i  >re 

Wifjtnry  affaires  of  fuch  Town.o,  111!  they  are  brought  under  a  Major  js  in  ^^,;"Jr"  T'' 

ofher  Coun+ics^  And  all  Military  Officers  of  fuch  places  are  required  otc-  ni'.n>I'o^v'"(fu 

die'ice  fo  tTie  Orders  of  the  Major  General  from  time  (y  lime,  upon  ihe  b''t^u7o."''' 

penalty  above  mentioned  for  every  defcift.    |"  \6t;6,'}  Cfpf.j: 

WJ/ereas  the  Law,  tit.  Military  SeC\.  7.  iequtres  every  pikjeman  to  he 
con^fleally  furnifhed  ( amcn^fl  other  weapcns  w'h  a  fuffic'i mt  CcrJIet) 
fhis  Court  eonfidfiins  that  Corf^ets  are  wanting  to  many  ScKldtns  in  fext' 
rat  Comp^ms,  and  lAaf  fupflieT  therein  are  not  eafly  io  he  attained^ 

It  is  therefore  now  Ordered,  and  by  the  Authority  of  thi,"  Court  Elia- 
€^ed;  That  every  Pikeman   within  this  Jurlffdtclion,  fliall  be  compleatly  ^^u^twiopro 
furnithcd,  either  with  a  fiifficient  Corflet,  Biiffe  Coat  or  Quilted  Coat,fuch  ""'^^",'[^^^^[5 
a«  thai!  be  alloved  by  the  chief  Officer,  under  wliofe  command  thev  from  °^'^'"  " 
tinne  to  lime  fhall  ferve,  upon  the  penally  m  the  recited  Law  already  ex- 
prefledjanv  Law,  CuAome  or  Uiugs  to  the  •,  contrary  nolwithiUnding. 

C  c  7.  7bis 


^j5  >^'««- 


T 


Bis  Courl  ctnfidemg  the  clmCkn  cf  our  Taicnt^  re^ulalin^  to  the 
jlnt'mg  of  c.ll  M'JUr.ry  Ojficcrs  hi  th'is  p/nfcliHiofi ^ 
Do  hereby  Order  and  Declare;  That  all  CcmmifTion  Officers  that  at 
prdent  are  in  power,  arc  confirmed  according  to  tlicir  rcfpeifiive  Com- 
mifr.ors;  but  for  the  time  to  come  v/here  new  are  to  btchofen,it  iconly 
in  the  power  of  the  General  Court,  or  in  cafe  of  emergency  for  the  Coun- 
""bc^if/ftn '^'^  cil  of  the  Common-wealth,  to  Nominate,  Choofe,  Appoint,  and  Impower 
all  CommffTion  Military  O/Bcers;  excepting  the  Major  General,  and  /d- 
iniral  by  Sea,  the  choice  of  whom  arc  otherwife  provided  for  by  Iqw- 
snd  for  all  inferiour  Officers  in  CompanJe:,  they  are  to  be  ehofen  ant?  ap- 
pointed by  the  Commiffion  Offieers  of  that  Company,  and  where  no 
ConTmifTion  Officer  is  by  thie  Major  of  the  Regiment,     [  t^^S.2 


THe  Court  ccmjicfer'wg  that  the  %eghncnfs  an  mvM't^Ued  from  Ihree  h 
fx  fmc  the  Law  yvas  made,  re^nhmg  the  Serjeant   Majors  of  eve.'y 
Kegtment  to  draw  forth  bis  rRj^ment  once  in  three  years^  io  exerafe  them 

"vccJr-cnlai,        in  Military  Drfciplitiei  ^  i  *>.    r         n,  v  r.  v 

acaiags  Do  Older,  Thct  henceforth  the  Regimental  JMcctiigs  {hal!  be  m  this 

foUowing  Order ^  i.e. 

Sujfoik^this  prefent  year^  i6'/i.' 

JNTo'/o/]^  including  the  County  of  Tortfmuth  and  Dover ^  1672s 
_MiJclkfex  Anno  S673. 
'TorJ^jhirc  Anno  1674. 
JEffcx  Antw  1675. 
J-lam^fhire  Anno  i6y6. 

And  fo  to  be  contmued  in  this  Order  fuccefTjvely  from  linDetotrme. 
And  the  Majors  of  Norfolk,  Yorkpiirc  and  Hatn^fhive  are  allowed  ko- 
•WariJs  their  C5fpenfe3  and   entertainment,   occaOoDcd  by  fliat  fervice  im 
founds  a  niece  refpef^ivcly  for  the  time  of  that  fervice,  to  be  paid  by 
their  refpecTtive  County  Treafurcrs. 

And  Jf  is  alfo  Ordered,  That  henceforth  the  allowance  of  iweniy pounds 
a  piece  granted  formerly  to  the  Majors  of  the  three  old  Regiments,  fhall 
be  paid  by  the  County  Trcafurcrs  refpe<n!vefy,  for  fueh  their  fervice,  any 
thing  contrary  hereunto  contained  in  the  Military  Law,  Scft.  2.  ootv/ith- 
ftan^ing.     {,'^7'-^ 


MINES. 


'TjOf  incoiiragc'.t:(vt  cf  fuch  as  v/Hl  adventure  for  the  difeoverf  of  fifities; 
c'rco'JWc/of  ^  J*  13  Ordered  by  this  Court,  Th.it  whofoever  will  be  at  (he  charge 
:Ji^«hi"o.°)o)'  For  the  difcovery  of  any  Mine  within  this  Jurifdiiflion,  ftiall  crjoy  Vt\e 
ibe  profi  for  p:    p,^{ifg  Ihrrcof,  v/ith  a  fit  proportion  of  Land  to  the  fame,  for  twenfy  one 


Moncf.  1 17 

•years  to  their  proper' ufe,  and  aKo  that  fuch  pcrfons  fhall  have  liberty  to 
ourchafe  the    intcrtfc  of  any  of  the  Indians  in   fuch  Lands  where   fich 
vlmcs  fhall  be  found,  provided  they  fhall  not  enter  upon  any  Towns  or 
perfons  Propriety  without  his  leave.     [  ii5+/.] 

a.  And  any  Inhabitant  within  this  Jurifditf^ion,  that  fhall  have  or 
finde  any  kinde  of  Mine  or  Mines  -.vhatfoever,  in  any  of  their  own  pro- 
prieties, the  whole  benefit  and  profit  of  fuch  Mines  arc  due  and  fhall  be- 
long to  fuch  Proprietor  of  Land  wherein  fuch  Mine  fhall  be  found,  to  them 
and  to  their  Heir;  for  ever,  as  any  part  of  rheir  Lands,  Minncnes;  Pof- 
feffions  or  Profits  whatfoevtr,  paying  onely  the  fifth  part  0/  Gold  and 
Silver  Oar  accordind  to  provifo,  made  on  that  behalf. 


I 


MONET, 


T  16  Ordered  by  this  Court  and  the  Authority  thereof;   That  a  Mint-  _4.s2.^.i2, 

hoafe  be  Ercd>cd  at  Bojlrm^  and  that  the  MafVer  of  the  faid  Mint,  and 
all  the  Officers  thereof  fhail  be  fworn  and  allowed  by  this  Court,  or  by  ^l^^J^"''^'  * 
Arch  as  fhall  be  Authorized  by  this  Court  for  that  pnrpofe. 

And  all  porfons  whatfoever,  have  liberty  to  bring  into  the  faid  Mint, 
alj  Buihon,  Plale  or  Spamfh  Coyn,  there  to  be  melted,  and  brought  to 
Alloy  of  Sterling  Money  by  the  JVTafter  of  the  faid  Mint  and  his  fworn 
Officers  from  time  to  time,  by  him  or  them  to  be  Coyned  into  tvcclve 
fenny^  fixpenny.,  and  three  fcnyiy  pieces,  which  (hall  be  flamped  with  a 
double  Ring  on  either  fide,  with  this  Infcription,  MASS  A  CH II  SETS  co,T  "'  """ 
and  a  Tree  m  ihe  center  on  the  one  fide,  NEW-ENGLAND  with  the 
ycarof  otjr  Lord,  and  the  figure  XIL  VL  III.  according  to  the  value  of 
each  piece  on  the  other  fide,  together  with  a  privie  mark,  which  fhall  be 
appointed  every  three  Months  by  the  Govcrnour,  and  known  onely  to 
him  and  the  fv^orn  Officers  of  the  Mint. 

And  further,  the  Matter  of  the  Mint  aforefaid,  is  hereby  required  to  ^ 
Coyn  al  the  faid  Money  of  good  Silver,  of  the  juft  Alloy  of  new  c'j"/^ 
Sterhng  Englifh  Money,  and  for  value  tvoofcce  in  the  jliiHitJ^  of  leffer 
value  then  the  prefent  Englifh  Coyn,  and  the  lefTer  pieces  proportion- 
ably :  And  all  fuch  Coya  as  aforefaid,  (and  no  other  except  EnglifliJ 
(hall  be  acknowledged  to  be  the  currant  Money  of  this  Commonwealth, 
and  to  pafs  from  Man  to  Man  in  all  payments  accordingly  within  th;-s 
Jurifdiuion. 

And  the  Minrmiftcr  for  himfelf  ".nd  Officers,  for  their  pains  and  la- 
bour Melting,  Refining  and  Coyning  is  allowed  by  this  Court  to  takco«*  co'i^nlig"  '^^ 
[hilling  out  of  every  twenty  fhtJhngi,  which  he  fhsll  ftamp  as  aforefaid, 
and  it  fhall  be  in  the  liberty  of  any  pcrfon,  who  brings  into  the  Mint- 
houfe  any  Bullion,  Plate  or  Spannifh  Coyn,  to  be  prefent  and  fee  the  fame 
Melted,  Rcnnrd  r.nd  Alloyed,  end  then  to  rake  a  Receipt  of  the  Maf\er 
0/  the  Mint  for  the  wcighi  of  that  which  le  good  Silver  Alloyed  as  afore- 
faid, for  which  the  Mint  mcilcr  fhall  deliver  him  the  like  weight  in  currant 
Money,  vix,.  every /hi  lltnf  :owei'Jr\tb>-ce  pi>ice  Troy  wei/ht,  and  Icffcr  pieces  Cc,n  " 
proportionably,  cledu^inc  allowance  for  Coynige  as  before  is  exprefTcd. 

D  d  Aivi 


n 


5  Monci 


Mmi  ma/iprs  &  And  it  IS  further  Ordered-  That  a  Committee  bechofenby thisCcurt 

Officmtobe      to  appoint  a  Mint  houfe  in  fome  convenient  place  in  Bcfton,  and  to  ap- 
"*"  prove  and  fwear  the  Mafter  and  all  the  OiTicers,  and  to  Order  and  De- 

termine   what  Ihall  further  appear  necedary  to  carry  on  this  Order  to 
effca. 

Ji.jA^hs-  ^-  A"d  it  is  further  Ordered  j  That  no  Inhabitant  of  this  Jurifdicfilon 

or  Stranger,  fball  from  henceforth  fend,  c?.-ry  or  traniport  put  of  this  Ju- 

£xporhiVion_^or  rifdidion,  ty  Sea  or  by  Land,  direcfily  o?   indiredly,  any  of  the  AJoiiey 

on'ainof  CO,,'    that  hath  been  or  fhall  be  Coyned  in  this  Jurifdidion,  except  {mnty  Jhil- 

enationorcR^iie  Ij^^^  f^j.  ncccfTary  cxpcnccs,  on  penalty  of  Confifca'ion,  not  only  of  fuch 

money  fo  Coyned,  bat  alfo  all  the  vifible  eft?te  of  hun  ihat  Oiallany  way 

be  found  fending  or  exporting  any  of  the  Coyn  afoiefaid,  one  third  part 

whereof  ftiall  "be  to  tlic  ufe  of  the  Informer  and  Officer,  the  other  two 

thirds  to  the  Country. 

^nd  that  this  Law  may  he  duely  chfcrvcd; 
scsrc^'sfj  be  The  County  Courts  (hall  from  time  to  time,  as  there  fhall  be  need  in 
afpoinad  'Sofion^  Charhtom,  Salem,  Ipfwich^  Pufeata^ua,  Ifles  of  Shcnh,  Sttdhiiry, 
and  other  ncwlful  places,  appoint  and  Authorize  meet  perfons,  as  Searchers, 
TO  exaniiae  and  fearch  all  Perfone,  VefiV'ls,  Pack>s,Truncks,  Cherts,  Boxes, 
or  the  like,  that  fhall  "be  tranfportipg  out  of  this  Jurifdi(fiion,  who  finding 
any  Money  fliall  feize  the  fame,  an3  forthwith  inform  the  next  Magi- 
ftrate  thereof,  who  fhall  ifTue  out  his  Warrant  for  the  prefent  feizure  of 
the  whole  vifible  Eftareof  the  party  fo  tranfpoi ting  contrary  to  this  Law, 
for  the  ufe  of  (he  Common  weaU}!  j  And  for  the  parties  fearching  or  in- 
forming as  is  above  expreft. 

And  it  is  further  Declared,  That  all  fnch  Matters,  Marrioers  or  other 
perfons,  that  fliall  "be  found  to  be  privy  or  confenlirg  to  the  exporting  of 
any  of  the  Coyn  aforefaid,  out  of  this  Junfd.Aion,  he  or  they  fhall  for 
Toii{:ean  CatTi  ^^^^^  ^^^^  offence  forfeit  the  fum  oHwentj  pcundi  a  piece,  to  be  to  the 
ufes  aforefaid ,  And  the  feveral  Searchers  fhall  take  the  Oath  appointed 
i^or  Searchers,  only  in  ftead  of  half,  a  third  part  to  be  inferred,  and  in  flead 
of  certifying  the  Auditor  General,  to  infert  to  certifie  the  noitMagiflrate. 


f: 


^^Or  the  better  execution  of  the  Law  pag.  6^.  fefl^.  2.  fclr  the  yejirs,'mng 
the  Exportation  of  Manej/  -^ 

U  is  Ordered  by  this  Court  and  the  Authority  bereof.  That  the  perfons 
hereafter  named,  vtz. 

For  "Bojiottj  Captain  ^ames  Oliver,  and  Mr.  Thomas  Brattle  or  either 
of  them. 

Tor  Charhtovm,  Captatn  John  ey^ilen. 
*o?rsi'ch°?ot^  For  Salent,  Mr.  Edwciri  "Batter, 

Koncy^acc.  For  Pafcata/jtui,  Mr.  £li<is  Stikmcm. 

For  Mai-bkhiai,  Mr.  S^nnuel  Ward. 
For  Dedh(in<,  £nfi^  Fipjer, 
For  'Braintry,  Mcfes  Pain. 
For  Malberowf  Willtatn  Kerly, 
For  Springfield^  Lnurtnce  Blifs, 
Be  all  and  every  of  them  appointed,  impowered  and  required  to  feareh 
for,  and  feize  ell  Monies  of  the  Coyn  of  this  jurifdidion,  that  fhall  bcfound 
or  difcovered  in  any  Ship  or  any  ether  "VeiTel  that  hath  weighed  Anchor  to 

depart 


tJ^ono^Ues.    Oaths  Suhfcn^ms.  119 


depart  from  that  Port  where  (he  ladeth,  or  all  fbch  Money  that  :fhall  be 
fo^jnd  in  any  perfons  Pocket,  Cloak-bag,  Portmantle,  or  any  other  thing 
belonging  to  them,  after  fuch  perfon  hath  taken  Horfcback,  to  proceed 
and  travail  in  his  or  their  Joiirney  out  of  this  Jurifdicf^ion,  from  rhc  firft 
Town  or  Station  whence  fuch  perfons  "begin  their  Travail :  And  all  Mo- 
ney that  fuch  Searcher  fhall  finde  ( except  fo  much  as  is  allowed  by  Law) 
he  fhall  fafcly  keep  it  until  the  next  Court  of  the  Shire,  and  then  prefenC 
the  fame  unto  the  faid  Court  \  and  if  it  be  judged  by  the  Court  to  be 
forfeited  according  to  Law,  then  the  faid  Court  are  required  to  order  the 
delivery  of  one  third  part  to  the  Officer  that  feized  the  fame,  and  the 
other  two  third  parts  to  return  to  the  publick  Treafury  of  the  Country, 

And  it  is  further  Ordered,  That  the  Searchers  before  named,  are  here- 
by impowred  to  break  open  any  Cbefl,  Trunk,  Box,  Cabin,  Cask,  Trnfs, 
or  any  other  fufpeded  place  or  thing,  where  they  or  any  of  them  con- 
ceive "Money  may  be  concealed,  and  feize  the  fame :  And  alfo  they  or 
either  of  them  are  impowered  to  require  fuch  Affiftance  from  any  Con- 
ftables  or  others,  as  to  them  may  feem  expedient,  who  are  to  aid  them 
upon  the  penalty  ai  forty  ^hillings  fine  for  every  neglect.     £  166 p,l^ 


MONOTOLies. 


rr  is  Ordered,  Decreed,  and  by  this  Court  Declared ;  That  there  /ball 
be  no  Monopolies  granted  or  allowed  amongft:  us,  but  of  fuch  new  in- 
ventions that  are  profital>le  to  the  Country,  and  that  for  a  fhort  time. 
1 16^1.:} 


Oaths  Subfcriptions; 


TT  is  Ordered,  and  by  this  Court  Declared;  That  no  man  fhall  be  urged  NoOjih^iot 
to  take  any  Oath,  or  fubfcribe  to  any  Articles,  Covenants  or   Rcn;on-    r'VJ  ,\'J  '^^°* 
ftrances  of  Publick  and  Civil  nature,  but  fuoh  as  the  General  Court  bath  ni  court    ""*' 
confidcred,  allowed  and  required^  and  no  Oath  of  any   Magiflrate   or  of  officcrsOaJb 
any  Officer,  (hall  binde  him  any  further  or  longer  then  he   is  rcfident  or  j°*  '°"8  ''''*^* 
xeputed  an  Inhabitant  of  this  Jurirdi(nion.     {v/(J^1.] 

2.  Forafmuch  as  divers  Inhabitants  of  this  Jurifdiffion,  tvh  have  long 
continued  aimn^fl  M,  ncemng  proteQian  ft  cm  ihis  Government^  have  ffr  »e  -^'S^P^' 
are  informed  uttered  ofenftve  fpeeches^  whereby  their  fidcUty  to  this  Govern, 
tnent  may  jufiiy  he  fufpc^cd^  and  alfo  that  dners  Stravgcm  of  forrden parts 
do  repair  to  us  of  nhcfe  fdckiy  m  have  not  that  affurancc  which  ts  ccwrrcn- 
ly  reqjAiTed  cf  all  Govirnmcvts  j 

D  a  8  Ifc 


120 


OfpreJJioji.     Payment:,, 


It  is  therefore  Ordered  by  tliis  Court  and  t"he  Authority  thereof  ;ThaT; 
the  Courity  Courts  or  any  one  Magiflrate  out  of  Court,  0)jli  have 
power,  at\d  is  hereby  Auihohicd  to  require  the  Oath  of  Fidelity  of  alf 
fwe"'fi"iii  to  fef'ltd'jnhabitants  amongft  us,  who  have  not  already  tal<en  fhe  fame,  as 
iMsGo'«(nnl  alfo  to  require  the  Oath  under- written  of  all  Strangers,  vTio  after  two 
Months  have  their  Abode  here;  And  if  any  peifon  fliatl  refiife  to  take 
the  refpeflive  Oalh,  he  or  they  fhall  be  bound  o-ver  to  the  next  County 
Court  or  Court  of  AfTiflants,  where  if  he  ihall  lefufe,  he  thai'  forfeit  jive 
pounds  a  weelf,  for  every  week  he  (hall  continue  in  this  Jurifdi<nion  afler 
his  faid  refufal,  unlefs  he  can  give  fuflieient  fecurity  to  the  faiisfaiflton  of 
the  Court  or  Magiftrate  for  his  Fidelity  during  his  or  their  reddcnce  a- 
mongft;  u&: 


Strangers  Oa\h. 


Ton  A.  "h.  do  achyiowedge  your  felf  fuhjeB  io  the  Laws  of  this  hri-f 
dinion,  during  your  rejidcn'ce  under  (his  Ccvcmment  -..  ^r)d  do  hc-re  Swept' 
iy  the  great  Name  of  the  Everltvtng  GOD,  end  eniage  your  felf  to  be 
true  and  faithful  to  the  fonte,  and  not  to  Plot,  Contrive  or  Conceal altj  thing 
that  is  to  the  hurt  or  detriment  thereof.    {^tdsz.'\ 


0  7PK£SSI0N> 


"T*  Or  avoiding  fuch  wifehiefs  as  tna}  follovf  by  fueh  ttiatfpoftdpetfons,  aSffiay 
pC  take ''^^''^7  ^°  "fP^'^h  ^^d  wrong  their  Netgljkours,  by  taking  exceffrve 
Wages  for  then  Worh^  or  unreafonable  friz.es  for  fuch  Merchanjiz.es  or  other 
neteffary  Commpdtttes  aS  fhall  fafs  from  Man  to  Ad  an  \ 

ft  IS  Ordered ;  That  if  any  Man  fhall  ofFend  in  any  of  the  faid  cafesy 
he  fhall  "be  punifhed  by  fine  or  imprifonment,  according  to  the  quality  of 
the  offence  as  the  Coujt  to  which  he  is  prcfented,  upon  lawful  tryal  and 
convii^ion  ihall  adjudge.    \_  i6js.~\ 


J.sAU- 


IT  le  by  this  Court  Ordered  and  Declared;  That  all  Confrafls  and  Ert» 
gaeemcnts  for  Money,  Com,  Chattel  or  Fith,  fhall  be  fatiified  in  kirtdd 
inihrkina  ooiv  accordiHg  to  Covenant,  or  in  default  or  the  very  kinde  contracted  for,  in 
•tufteilfor  one  of  the  faid  kinde-Ji    Provided  that  in  fuch  cafes  where  payment  it* 

kinde  is  not  made  according  to -CQi^enant,  ad  luft  damages  fhall  be  fatiP 
fied  (together  with  the  Debt)  for  not  paying  m  kinde  accorcing  to 

bfl'gain- 


Pftithnt.  »3J 


bargain ;  And  in  no  cafe  fhall  any  Creditor  be  forced  to  take  any  other 
Connmodities  for  fatisfad^jon  of  his  debt,  unleft  it  be  according   to    his 
Comrade,  tuf  it  ftial!  be  lawful  for  fueh  Creditor  to  imprifon  the  party  ^^J,^^,g^     ^ 
till  he  make  fatirfaOion  according  to  Covenant,    or  to  take  upon  Exe-  i„,hf  vj^aF 
cution  fuc-h  Goods,  Houfes  or  lands,  as  ftiali  be  to  his  fatisfacf^ion ;   any  coAirisd 
Law,  Cuftome  ci  Ufage  to  the  contrary  notwilbftanding.     C/^^-^O 


WHcreas  the  Lav  lit.  Payments  png  ^j.  Both  m.i\e  Corn,  Cattle 
and  Fi(h  equal  w'lih  Monfi  and  to  le  paid  aS  Money,  when  Money 
is  intended  foir,  wVieh  at  that  lime  when  iht  Law  was  niijdf  was  as  pod  as 
Money^  lut  tiow  fs  otherwife,  and  froveih  prejudic/at  ay\d  injurious,  as  ex- 
perience pjeweth  i/por.  feverai  accounts  i  I  her  fore  as  an  addition  to,  and  eX- 
planatton  nj  thai   l.nw., 

This  Court  dolh  Order  and  Enaft,  That  henceforth  all  ContraOs,  A-  AilcomrefUfc 
grcementfi,  Bogagtmcnts  or  Covenants  for  any  fpecie  whatfoevcr,  (haH  XlT^llx^* 
be  paid  in  the  fame  fpecie  Bargained  for:  Any  Law,  UTaRe  or  CuAome  pujrmcM '»i  cpc- 
to  the  contrary  nolwithitanaing.     {_  '^7o.J  /or&<. 


fEririoNB. 


IT  Is  hereby  Ordered;  That  all  Petitions  to  the  General  Court,  which  L.2^.ij, 
are  of  a  common  and  ordinary  nature,  the  Petitioner  fhall   pay  on  Ibe 
clclivery  thereof  to  the  Secretary  or  Clerk  Im  Jhillin^s  fx  ftnce   for  each 
Pcritions:  And  all  Pctilions  for  abatements   of  fines,   miitigation    of  pe- 
nalties, &c.  <]iall  pay  unto  the  Clerk  or  Secretary  as  aroreraidff«/),//;m/^,  irCpJti'oiow 
And  a!)  Petitions  for  Gratuilies,  or  that  concern  Controverfies  between  'T  '•"•cenersi 
party  and  party,  Town  and  Town  (hall  pay  ten  fhillin^s-^    And  all  Pcti-  '^'""^* 
tioiis  for  I!5ebts,  or  otlier  conlroverfics  between  party  and  party  'brought 
from  Inferiour  Courts,  fhall  pay  ten  Jhillin/j  bcfides  the  charges  of  the 
Court  during  the  trial  of  fuch  caiifc. 

And  heiKcforth  no  Fclitition  whatfoevcr,  fhall  be  received  into  thcGc-    j     .  f, 
•ncral  Court,  after  the  firft  four  dayes  of  the  Court  of  Elcflion,  nor  after  ^'^' 

ihe  tuft  \/eck  of  any  other  ScfTion. 

Neverthelefs,    It  is  hereby  Ordered ;  That  all  fuch   Petitions  that  con- 
cern any  engagement  of  the  Country  to  any  pcrfon,  arc  hereby  exempted;  TW«f  Eolry 
And  that  any  Magiftrate  or  Deputy  of  the  Court  may  prcfciit  any  Peti. 
tion,  wherein  his  own  perfonal  right  is  concerned  without  payment,  and 
that  there  (hall  "he  a  true  Entry  made  by  the  Secretary  of  the  number  of 
Petitions  that  (hall  "be  delivered  to  the  Magiftratcs,  and  the   like  account  ?,o^  p.^^^e^Tf 
fljall  be  kept  by  the  Clerk  of  the  Deputies,  of  all  Petitions  received  by  sccr<rtjry  <,od 
the  Deputies,  and  all  fuch  fees  as  arc  produced  by  fuch   Petitions,  ft)all  *^'"''<''  f''"""' 
te  rece-ved  or  fecurcd  "by  the  Secretary  or  Clerk,  and  difeounted  in  part  '^"'"'*' 
of  their  Annual  allowaticc.    £  tiS^Sj  j^-.J 


E  e  Pipr{i.:vcs. 


I2t 


7ipc-f.aves, 


FITESTAVES. 


Searchers  o! 

Pijie  ftives 


tvOTB 


AfKzf  of  Pipe* 
(lives 


Pipe  Raves  (hipt 
unfcarched  to 
be  forfeit 

SestchtmU 
lowed 


Millers  of  fhipa 
rtCtivIng  un-i 
fearchl  Slave* 
foifeit5    l'" 


0ry  Ci5ii  ftiv:3 


WHereas  informaticn  hath  ccme  to  this  Court  from  forraign  parts,  of 
the  insufficiency  of  our  Pipe-Jlaws;  efpccially  in  regard  of  vrormholeSy 
yehtreby  the  Commodhy  is  /ii^e  to  be  prohibited  m  thofe  parts,  to  the  great  da- 
mage of  the  Count)  y ;  ^ 

It  is  therefore  Ordered  by  this  Court  and  the  Authority  thereof ;  That 
the  ScleO.  men  of  Bojlon,  Charljlown,  Salem,  Dover,  Portfmcuth,  Kittcrie, 
and  all  other  Towns  in  this  Jurifdidion,  where  Pipe-ftaves  ufe  to  be  (hip- 
ped, fhall  forthwith,  and  fo  from  time  to  time,  as  need  fliail  require,  no- 
minate two  men  of  each  Town,  skilful  in  the  Commodity,  and  fuch  as 
can  attend  the  fctvice,  to  be  viewers  of  Pipe  flavcs,  who  lo  chofen,  (hall 
by  theConftable  be  convented  before  fome  Magiflrate,  to  be  fworn  dili- 
gently and  faithfully,  to  vicwjnd  fearch  all  fuch  Pipe  flavcs  as  are  to  be 
tranfportcd  to  any  parts  of  Spain,  Portal,  or  within  either  of  their  Do~ 
nninions  or  elfcwhere,  to  be  ufed  .for  making  of  tigh't  Cask,  who  fliall 
cafe  by  all. fuch  as  they  fball  judge'not  Merchantable,  Both  in  refpcdf  of 
Worm  holes  and  due  A/Iize,  tk.  that  are  not  in  length  four  foot  and  half y 
in  breadth  three  huhes  and  half  without  fap,  in  thicknefs  three  (luart'.rs 
cf  an  inch  and  not  more  or  lefs  then  an  eighth  part  of  an  inch  then  three 
quarters   thick,  well  and  even  hewed  and  fufficient  for  ufe. 

And  they  or  fome  one  of  them,  (hall  at  all  times  upon  recjuefl:  give  at- 
tendance, and  they  fliall  enter  itito  a  Book  the  number  of  aJl  fuch  Mer- 
chantable Pipe  ftaves  as  .they  fliall  approve,  and  for  whom. 

And  if  any  Man  fliall  put  aboard  any  Ship  or  other  Vefie!  any  Pipe- 
ftaves  other  then  fliall  be  fo  fearchcd  and  approved,  to  the  end  to  be 
ttanfported  to  any  part'of  Spain  or  Portugal,  except  they  fhould  bcfliip- 
ped  for  dry  Cask,  he  fliall  forfeit  the  fame  whole  parcel  or  the  value 
thereof,  and  the  faid  Viewers  fhall  be  allowed  two  pildngs  for  every 
thoufand  of  Pipe  flavcs  which  they  fliall  fo  fearch,  as  well  the  Refufc  as 
the  Merchantable,  to  be  paid  by  him  that  fets  them  on  work. 

And  if  any  Mafler  or  other  Officer  of  any  Ship  or  qther  VelTcl,  flialt 
receive  into,  fuch  Ship  or  VelTel,  any  parcel  of  Pipe  flavcs,  to  be  tranf- 
ported  into  Any  of  the  faid  Dominions,  which  fliall  not  be  fearched  and 
allowed  as  Merchantable,  and  fo  certified  by  a  note  under  the  hand  of  one 
of  the  faid  Viewers;  fuch  Maftcr  fliall  forfeit  f<fr  every  thoufand  of  Pipe-" 
fl:aves  fo  unduely  received  five  pounds,  except  he  can  procure  one  cf  the 
laid  Vi(;wers  to  come  aboard  and  fearch  fuch  Staves  as  they  fliall  be  de- 
livered into  the  Ship: 

Provided,  Caft  or  Refufe  Staves,  or  other  Red  Oak  Staves  may  be 
trani'ported  into  ihofc  parts  (which  may  be  of  gccd  yi'c  ior  Dry  Cask) 
fo  as  the  fame  be  carried  in  diflin^  parcels,  and  not  inteimixc  with  Mer- 
chantable Staves.    [  1^4^'^ 


Poor.     Pojfefitn.  J  25 


POOH. 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  any  Shire 
Court  or  any  two  Magilhatcs  out  of  Court,  fliall  have  power  to  de- 
termine all  Differences  about  lawful  fettling  and  providing  for  poor  pcr- 
fons ;  and  fhall  have  power  to  difpofe  of  all  uF.fcttled  perfons  into  fuch 
Towns  as  they  fliall  judgc^to  be  moft  fit  for  the  maintenance  and  im- 
ploymcnt  of  fuch  Perfons  and  Families,  for  the  cafe  of  this  Country. 

nAnd  for  the  avoiding  of  all  future  wconvememes  referring  to  the  fettling 
of  poor  pjeop'.e  that  may  need'  relief  from  the  place  where  they  dwe!!-^ 

It  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  where  any  per-  oMrtHmlctilb 
fon  with  his  Family,  or  in  cafe  he  hath  no  family,  fliall  be  refident  in  any  Town  f'-"'" 
or  Peculiar  of  this  Jurifdicftion  for  more  then  three  months,  without  notice  gi- 
ven.to  fuch  perfon  or  perfons  by  the  Conftable  or  one  of  the  Seicdmen  of  the 
faid  place,  or  their  Order,  that  the  Town  is  not  willing  that  they  fliould 
remain  as  an  Inhabitant  amongft  ihcm;  And  in  cafe  after  fuch  notice  gi- 
ven, fuch  perfon  or  perfons  fliall  notwithftanding  remain  in  the  faid  place, 
if  the  Seledmen  of  the  faid  place  fhall  not  by  way ofcomplaint,  Petition 
to  the  next  County  Court  of  that  Shire  for  relief  in  the  faid  cafe,  and  the 
fame  profecuted  to  cffc(ft ;  every  fuch  perfon  or  perfons  (  as  the  cafe  may 
require)  fliall  be  provided  for,  and  relieved  in  cafe  of  necelTity,  by  the 
Inhabitants  of  the  faid  place  vyhere  he  or  fhce  is  fo  found. 

And  it  is  further  Ordered,  That  each  County  Court  fliall  from  time  to 
time  hear  and  determine  all  Complaints  of  this  nature,  and  lettle  all  poor 
perfons  according  to  dircflions  of  this  Law,  in  any  Town  or  Peculiar 
wiihin  this  Colony;  and  every  fuch  perfon  at  perfons  fliall  accordingly^ 
be  entertained  and  provided  for  by  the  Sclcdlmcn  or  Conftable  of  the  (aid 
place,  at  a  Town  charge ;  And  in  cafe  any  Town  or  Peculiar  fliall  findc 
themfelvesagrievcd  at  fuch  difpofure  of  the  County  Court,  they  may  Ap- 
peal to  the  next  Court  of  AiT.Aants;  And  where  any  perfon  or  perfons 
cannot  according  to  this  Law  be  fettled  in  any  Town  or  Peculiar,  they 
fliall  then  be  placed  in  any  Town  of  that  County  wherein  they  arc  foundj 
according  as  the  County  Court  fliall  appoint,  and  their  charges  fatisficd 
unto  them  by  the  County  Trcafurcr. 


possession: 


THe  Ccurt  t^ikina;  iydo  cmftderatlcn  the  great  »e^lt(l  cf  mdny  perfais,  in 
the  Infamy  of  thefe  Pic^ntationSyto  cbfyve  my  dve  crJcr  or  leg<{l covrf:  -^-SS-^-iS- 
for  the  confrmaticn  of  fuch  Sales  ami  Altcn.tttons  of  Hcufes  and  La*rds,ai 
have  p.ifed  from  *n*n  ,'c  moi^  which  Hing  may  fcicral  Wnyci  k  cf  very  evil 
Ccufciueme  to  Tojlcrity, 

E  e  a  Dcth 


124 


Porteri.     Pound. 


Title »o  tnheri 
Mrtccs  limiicd 
wiibm  5  years 


Doth  therefore  Order  and  hereby  Enaft;   That  any   perlbn  or  perfons, 
that  hath  cither  himfelf  or  by  his  Grantees  or  Affignes,  before  the  Law 
made  for  direction  about  Inheritances,  bearing  date  Odcber  the  nincttenllx^ 
cm  thousand  fix  hundred  and  fifty  two,  Poffcfl'ed   and  Occupied  as  his  or 
their  own  proper  Right,  in  fee  fiiTipIe,  any  Houfcs  or  lands  within  this  jiirif- 
di<flion,  and  fhall  io  continue,  whether  in  their  own  Perrons,  their  Heirs 
or  Aihgncs,  or  by  any  other  pcrfon  or  perfons,  from,  by  or  under  them, 
Vuhout  Difluibance,  Let,   Suit  or  Denial  legally  made,  by  having  the 
Claim  of  any  perfon  thereto,  pntred  with  the  Recorder  of  the  County, 
where  fuch  Houfes  or  Lands  do  lye,  with  the   'Names  of  .the  perfon  fo 
claiming,  and  the  Quantity,  Bounds  of  the  Lands  or  Houfes  claimed,  and 
fuch  Claim  piofecuted  to  effetft  within  the  tearm' of /ire  years  next  after 
the.  twentieth  of  this  piefent  Mny^  one  thousand  fx  hmdred  and  fifty  fevtriy 
every  fuch  Proprietor,  their  Heirs  and  AflTignes  fhall  for  ever  after  enjoy 
the  fame,  without  any  la\vful  Let,  Suit,   Difiurbance  or  Denial,  by  any 
after  Claim  of  any  pcrfon  or  perfons  whatfoever,  any  Law   or  Cuftome 
to  the  contrary  notwithflandjng. 

And  for  all  Bargains  or  Alienations  made,  or  to  be  made  after  the  a-' 
forefaid  time,  that  every  perfon  concerned  therein,  obferve  the  Diredtions 
given  in  the  above  recited  Law,  upon  peril  of  fuffering  all  the  damage 
that  fliall  accrue  to  them,  their  Heirs  and  Aflignes  by  negle(^  thereof. 


PORTERS. 


ji.j^.J>-">- 


Porter*  to  be 

'Ordered  by    (he 


THere  le'wg  a  'very  great  abufe  in  the  Tovins  of  'Bo/lcn  and  CharJstowni 
by  .Porters,  vrho  many  times  do  require  and  cxaB  more  then  isjujl^and 
righteous  for  their  Labours  ; 

It  is  Ordered  by  this  Court;  That  from  henceforth  the  Selcdmetl 
of  the  faid  Towns  from  time  to  time,  (hall  have  power  to  regulate  in  this 
cafe,  and  to  (fate  their  Wages,  as  in  their  underflanding  ffiall  be  moft 
juft  and  equal,  as  alfo  to  determine  what  perfons  (liall  be  imployed 
therein,     [i^j/.J 


Tomd,     Pound  breach, 


Pound  in   every 
Town 


FOr  prevention  and  <ke  recompcnce  of  damages  in  Com  (kids  and  other  In- 
chfures  doneby  Sw;>ie  and  Chattel'-, 

It  is  Ordered  by  this  Court  and  Authority  thereof,  That  there  fhall  be 
one  fufficient  Pound  or  more,  Inadc  and  maintained  in  every  Town  and 
'Village  withia  this  Junrdi^flion,  for  the  Impounding  of  all  fuch  Swine 

and 


Powder.  »*/ 

and  Chattel  as  fliall  be  found  in  any  Corn-field  or  other  inclofure. 

And  whofoever  Impounds  any  Swine  or  Cliattel,  fha)l  give  prefent  no- 
tice to  the  Owner  if  7:e  be  known,  or  otherwife    they   fliall  be  cryed  at 
the  two  next  Ledures  or  Markets;  And  if  Swme  or  Chattel  efcape  out  ^•//•f-?-^ 
of  Pound,  the  Owner  if  known,  fhall  pay  all  damages  according'  to  Law. 

And  every  perfon  or  perfons  having  notice  given  them,  or  ot>ierwife 
left  in  writing  at  their  Houfe  or  place  of  their  ufual  abode,  of  any  of  j.^,,,^  ;^^„„. 
their  Chattel  Impounded  or  otherwayes  Retrained,  (hall  forthwith  give  araioWtcptti- 
iatisfa(f1[ion  to  the  party  To  wronged,  or  otherwife  Replevie  their  Chattel,  Z,Zt""^' 
and  profccute  the  fame  according  to  Law,  upon  peril  of  fuffering  all   the 
lofs  and  damage  that  fhall  come  to  their  Chattel  byftandingm  the  Pouad 
or  other  lawful  place  of  Refttaint.     [_i64Si  47;  J7-  2 

2.  And  if  any  perfon  fhall  refrO  or  refcue  any  Chattel  going  to 
pound,  or  fhall  by  any  way  or  means  convey  them  oxit  of  Pound  orot^ief  ^^f^y„,„4 
Cuflody  of  the  Law,  whereby  the  party  wronged  may  lofe  his  damages,  iojti.j  t't<»t'r 
and  the  Law  be  deluded,  that  in  cafe  of  meer  refcues,  the  party  fo  offend- 
ing fhall  forfeit  to  the  Tic&torY  forty  jhiflm^^s.  f''^'°' 

And  in  cafe  of  Pound  breach  /vc  pounds,  and  fliall  alfo  pay  all  damages 
to  the  party  wronged,  and  if  in  the  refcues  any  l^odily  harm,  be  done  to 
the  perfon  of  any  Man  or  other  Creature,  they  may  have  remedy 
againft  the  Refcticrs;  And  if  cither  be  done  by  any  not  of  ability  to  an-  ,  ,.  ^ 
fwer  the  forfeiture  and  damages  aforcfaid,  they  fliall  be  openly  Whipped 
by  Warrant  from  any  Magiftrate  "before  whom  the  ofTender  is  convided 
in  the  Town  or  Plantation  where  the  offence  was  committed,  not  ex- 
ceeding twenty  Jlripes  for  the  meer  Refcue  or  Pound  breach ;  And  for  all 
damages  to  the  party,  they  fhall  fatisfie  by  fervicc,  as  in  cafe  of  Theft. 

And  if  it  appear  there  were  any  procurement  of  the  Owner  of  the 
Chattel  thereunto,  and  that  they  were  Abetters  therein,  they  fhall  pay 
forfeiture  and  damages  as  if  themfclves  had  done  it.     {^'f^-^/O 


P  O  W  J)  E  }i. 


WHereat  ly  favour  of  the  Gover>ime»t  w  England,  ftver^J  quaniV.hi 
of  Powder  and.  ether  yimunition  are  yearly  Inifoile'd  into  this  furrf 
did  ton  for  our  -/lecejfary  ufe  and  defence;  I'd  the  e>id  tW  favour  m  recdm 
way  r.ot  he  ty^bufed,  nor  ourjtlves  Deprived  of  the  juft  and  mxfary  ;//e 
thereof-^  " 


u^.tf.^.J. 


It  IS  hereby  Ordered  and  Ena<fledi  That  all  Merchints  or  others, 
that  fliall  import  mto  this  jurifdia.oa  either  Powder,  Lead,  Bullets  Shot,  [..""IweX 
or  any  Amunition  whatfoever,  fliall  give  particular  notice  of  the  quantity  »"«h'Vp«b. 
tnereof  to   the  PMtcl^  Notary,  upon    the    pain    and    penalty  of  foHy  "='^'''""* 
Jourds^  within    one    Month    after  the  Landing  of  fuch  Goods,  who  is 
nereby  cojoyncd  to  tr,kc  particular  notice  of  the  fame,  with  the  Mark 
and    Number,   and    faithfully  to  enter  the    fame    in  a    Book,   and  the 
Names  of  the   Perfons  to  whom  they  are  fold,  or  into  whofe  Cuftody  or 

T  f  power 


ii6  Frefcr.iftiom,     Trifon, 

power  tliey  are  cosnmittcd,  .that  he  may  give  account  thereof  upon  Oath 
to  the  Govcrnour,  Deputy  Gcvcrrxur  cr  any  of  the  Council  from  time 
to  time;  And  the  faid  Notary  is. hereby  prohibited,  upon  the  penalty  of 
one  hundfed  pounds,  to  grant  Certificate  to  any  Merchant  or  other  of  any 
fuch  Goods  but' fueh  as  he  fhall  have  particular  notice  of,  and  cntredas 
aforefaid. 

(^Kd  to  the  end  tkis.  Order  may-  he  duely  olferved,  and  that  no  ferfon 
may  plead  hucrance  thereof -^ 

It  is  hereby  Ordered,  That  the  Captain  of  the  Caftle  fball  upon  the 
arrival  of  any  Ship  or  VefTel  in  the  Maffachufets  Bay,  from  any  forr.aign 
parts,  give  notice  of  the  contents  of  this  Order,  to  the  JMaftcr  or  Mer- 
chant of  any  fUch  VefTcls,  and  the  Conftables  of  all  other  Port-Towns  in  this 
Jurifdi<rtion,  are  hereby  required  to  do  the  fame.  [_  i6si.2 

2.  And  it  is  further  Ordered;  That  no  perfon  (except  for  the  de- 

L.t.p.4s-     fci'^cc  of  thcmfelves  and  their  Veffcls  at  Sea)   (hall  tranfport  any  Gun- 

■powdcr  out  of  this  Jurirdi<f^.ion,  without  licenfe  firft  obtained  from  fomc 

two  cfthe  Magiftrates,  upon  penalty  of  forfeiting  all  fuch  Powder  as 

(hall  be  tranfporting  or  tranfported,  or  the  value  thereof. 

uind  that  there  may  b:  no  defcd  for  want  of  an  Officer  to  take  care 
herein ; 

This  Court,  the  Court  of  AfTiflants,  or  any  Shire  Court,  fhall  appoint 
^"'a*'"^  '"""t.  ^^^^  perfons,  from  time  to  time  in  alt  needful  places,  who  have  hereby 
'ing  "  ^^^  '  power  granted  them,  to  fearch  all  Perfons  and'  Veflcls  that  are  or  any 
way  fluil  be  fufpicious  to  them  to  be  breakers  of  this  Order,  and  wf]at 
they  findc  in  any  VefTel  or  Hands,  without  licenfe  as  aforefaid,  tofeizethe 
fame,  and  to  keep  the  one  half  to  their  own  ufe  in  rccompencc  of  their 
jains,  and  to  deliver  the  other  half  fottbv/ith  to  the  Trealurcr.     £i^4Xj 


Trefcripions^ 


IT  is  Ordered,  Decreed,  and  by  this  Court  Declared;  ThatnoCuftome 
or  Prcfcription  fhall  ever  prevail  amongft  us  in  any  Moral  cafe,  (our 
meaning  is)  to  maintain  any  thing  that  can  be  proved  to  be  Morally  fin- 
Jul  by  ilie  Word  of  God.    L^^-^'O 


J>rffcnerS)    Trifon,    Houfe  of  CorreUton. 

Prironcr;  «rf!.  *T  T- 13  Ordered ;  That  fuch  Malefadors  as  are  committed  to  any  common 
caatjheirown  J.  prifon,  jhall  bc  conveyed  thither  at  their  own  chaige  if  they  be  abkj 
'^^"^'^  otherwife  at  the  charge  of  the  Country,    £  1 6^67^ 


'rifen. 


III 


S.  For  prevention  and  re^efs  of  many  mjdemeamun  and  evil  br aDtfes 
daily  inoreafmg  ^  ' 

It  is  Ordered,  That  there  fhal!  be  an  Houfe  of  Correiftion  provided  in 
each  County,  at  the  Counties  charge,  to  be  fettled,  ordered  and  improved  ="^'" 
as  the  Magiftxaces  in  each  County  Court  or  Court  of  AflutantsOiallacree  *^'"'"''' 
and  direifV. 


3.  And  it  fhall  be  in  the  power  of  every  County  Court  to  makf  ufe 
of  fucli  Prifon  as  is  at  preCent  creiHcd  in  the  County,  for  an  Houfc  of 
Corre(f\ion,  till  Houfcs  of  Corredion  be  provided  and  Iwifhed. 

Alfo  to  provide  and  Autlioiize  the  Keeper  or  feme  meet  perfon  to  be 
Nafter  of  I'uch  Houfe  as  they  fl)all  judge  meet;  And  the  SckO  men  of 
the  Town  where  fuch  Houfe  is  appointed,  (hail  procure  in  the  moft  pru- 
dent way,  feme  competent  ftcck  of  Hemp,  Flax,  or  other  materiajs,  and 
upon  account,  to  commit  tTic  fame  into  the  hands  of  the  MzfUr  of  the 
Houfe,  to  be  imploycd  at  his  difcretion  by  the  labour  of  fuch  Deimquents, 
as  fhall  be  committed  to  him  by  Authority,  and  the  flock  being  in' value 
or  kindc  preferved  to  fuch  as  put  in  the  fame,  all  the  benefit  attained  by 
the  labour  of  the  perfon  committed,  fhall  be  to  the  ufe  of  the  MaAcr 
allowing  only  fo  much  as  will  keep  the  Delinquent  -with  neceflary  'Bread 
ahd  Water,  or  other  mean  food  out  of  the  fame,  or  fix  fence  out  of  xhc 
jyiltng  earned  by  his  or  her  labour. 

And  at  the  firft  coming  into  the  Houfe  of  Corrc(n-ion,  the  M a (ler  there- 
of, or  any  he  fhall  procure,  or  the  common  Corredor  refiding  in  the 
Town,  fhall  whip  every  Delinquent,  not  exceeding  ten  Jlripe^^  and  after 
fhall  imploy  him  or  her  by  ducly  ftint,  and  if  the  party  h:  Rubborr,  dif- 
orderly  or  idle  and  not  perform  their  task,  and  that  in  good  condition 
the  Mafter  [hall  corrcft  them  or  abridge  them  of  their  food,  as  the  caufe 
fliall  require,  till  they  are  brought  to  fome  meet  order. 

And  it  fhall  be  in  the  power  of  one  Magiftrate,  to  commit  idle  per- 
fons  or  ftubborn  perfons  againft  fuch  as  have  Authority  over  them,  Run- 
awayes,  Common  Drunkards,  Pilferers,  Common  night  walkers  and  wan- 
ton perfons,  as  tending  to  uncleannefs  in  Ipeechcs  or  Aflions,  ire. 

And  It  fhall  not  be  in  the  power  of  the  Maftcr  to  deliver  out  of  the 
Houfe  of  Corre6ion,  unlcfs  he  hath  a  Difcharge  or  Warrant  under  the 
hand  of  a  Magiftrate;  and  if  the  Delinquent  be  committed  by  the  Court, 
not  to  be  delivered  but  by  order  of  the  Court,  or  under  the  hand  of  the 
greater  part  of  the  Members  of  the  Court.     £  1646^  sj^  j7  3 


ji.S7-T-2f' 


Ccynty  Court 
lo  ippoin!  3 

Sr)e(\  men  (o 
rvil!  lo  work 


Mififofets 


JWftlquwit  to 
he  fotfffft'n 


One    MapiArate 
the  »Jo«re     of 


ON  Cmphint  of  the  Keepef  of  the  Prifon,  ihcu  fome  Mekfaflm  and 
other  Tnfcners  haVe  made  .efcape,  by  means  of  fome  cvil-difiofcd  perfons 
that  fufply  ihem  xcith  hjlruments  to  effcd  the  fami  j 

It  IS  therefore  Ordered  by  this  Court  and  the  authority  thereof,  That 
if  any  perfon  whatfoevcr,  fhall  any  waycs,  either  dire<ftly  or  indireftly 
convey  any  Jnftrument  or  other  thing  whatfoevcr  to  any  PriJoner,  hy 
which  fuch  Prifoner  or  any  other  Prifoncr,  cither  ftiall,  iriay,  or  might 
break  Prifon,  or  work  him  or  her  felf  unlawfully  out  of  the  fame;  if  it 
were  for  Debt,  fuch  pcrfoo  fo  tranfgrefrmg  fhall  pay  the  full  Debt,  and 
incOrre  the  penalty  of  forfeiture  of  as  much  to  the  Country,  or  undergo 
fuch  Corporal  punifhment  as  the  Court  on  whofe  proceedings  (bcli  im- 
pifii«3oment  followed,  or  the  Court  of  A/Tiftants  fnall  impofe,  order  or 
appoint, 

F  f  a  Acd 


To  pnlMxt 
br««  ki^g  rf 
I>t>fom 


^^9  Trotcflaiion. 


And  if  any  Prifoncr  committed  for  offence  or  offences,  Criminal  orCa' 
pital,  fhalf  by  fuch   wicked   complFancc   of  any  pcrfon,   break  Prifon  or 
make  cfcapc  out  of  Prifon,  or  te  found  in  preparation  thereunto,  theper- 
fon  or  perfons  which  diredly  or  in^ucdly  conveyed  fuch  Infliumcnts, 
Tools,  or  other  things,  whereby  fuch  Prifoner  ftall  or  might  work  his  or 
her  cfcape  from  Prifon  ;  fuch  perfon  fhall  be  hable  to  the  fame  corporal 
punifbment  whicli  the  Prifoncr  vrSiS  liable  unto,  and  alfo  incurre  fuch  fur- 
ther penalty  by  Fine,  Imprifoninenr,  or  Corporal  punitTiment  as  the  Coun- 
ty Couct,  Court  of  .AtTiftants  or  General    Court   fhal!  appoint :   So  that 
where  the  Prifoners  aic  not  adlually  e^'eaped,  in  fuch  cafes  any  Court  to 
moderate  as  they  fhall  t'ee  meet. 

And  if  the  efcapc  of  any  Prifoner  appear  to  "be  through  the  fault  or  ncg- 
\t(X  of  the  Jaylor,  he  fhall  then  be  Viable  to  fueh  penalties  as  the  Pri- 
foner was,  according  as  the  Court  -which  hath  cognizance  thereof  fhall 
determine.'   {_i66p.'} 


I 


'N  Anfwev  to  foy»e  J^ejlms  prcpottrtded  by  the  Kaper  of  the  Prlfcn  for 

.  his  Jixe&ian  in  the  execution  of  his  O^ce- 
PhiAioniio  -j-j^jg  Court  do  Declare^    That  it  is  the  duty  of  all  Prifon-kcepcrs 

I'll  en  etfera     j-j.ofn  jimc  to  time  to  prefent  3  true  Lift  of   all    the    Prifoners    to    dich 
Courts  of  Judicature,  as  arc  properly  to  take  cognizance  of  their  crimes, 
and  not  to  difcharge  any  their  cuflody,  but  by  the  Authority  of  the  Law 
•warranting  the  fame,  and  that  the  Court  or  ojher  Aiithority  taking  cog- 
jiizance  thereof  fhall  determine  the  Cofls  to  be  allowed  the  Keeper  for 
maintenance  of  the  Prifoncr,  as  alfo  by  whom  he  fhall  be  falitfied,  and 
that  where  any  are  committed  in  any  civil  caufe,  the  Plaintiffe  at  whofe 
fuit  he  is  imprifoncd  fhall  fecurc  the   Keeper  all  his  neccffaiy  expenfes 
during  his  Imprifonment,  both  for  Food  and   Phyfick,  and  other  neccfTa- 
Ties  for  bis  livelihood  9  And  in  cafe  of  his  nesletl:  fo  to  do,  the  party  jnv- 
-prifoiicd  taking  his  Oath  before  any  Magifirate  that  he  is  not  worth  five 
'faundsy  the  Keeper  fhall  not  itand  further  cliargcd  with  him,  but  maydif- 
niifs  fucii  Prifoner  his  cuftody ;  Any  former  Law,  llfage  or  Cuiloaie  io 

the  contrary  notwithftanding. 
And  it  is  Declared  by  this  Ccurf^  J^^it  the  ordinary  allowance  to  be 

T7iade  for  the  Food   of  any  Prifoncr  fhalf-be  two  (jii/liii^s  fxftnce  the 

Week.     [j^^iO 


I>roteftatiotis  contra  Ti^monflrance, 


v.fcf'iyvot"*"    TT  is  Ordered,  and  by  this  Court  Declared:;  Tfiat  it  is  and   fJiall  be  in 

a'jiffcnv  in  (i-    J[  [|^g  liberty  of  any  Member  or  Members  of  any  Court,  Council  or  civil 

ffj'n  court        ^ffcrnbly,  in  cafes  of  making  or  executing  any  Order  l?iat   properly  eon 

ccrneth  Religion,  or  any  caufe  Capital,  or  Wars,  or  Subfcnptions  (0  any 

pubhck  Article  or  Remonftrance,  in  cafe  they  cannot  in  judgement  and 

Confcience  confcnC  to  that  way  the  major  vote  or  fufFrage  goes,  to  maka 

»-h?n. 


PHtijfhment,     Records.  12^ 


their  Contra  'Remoitftrancre  or  Proteftation  in  Speech  or  Writuig,  and 
upon  their  Kequeft  to  have  their  diffent  Recorded  m  the  Rolls  of  that 
Court,  fo  it  be  done  Chriaianiy  and  T^efpeaivcly  for  the  manner,  and  the 
aiflcnt  only  be  Entred  without  the  Reafons  thereof,  for  avoiding  tediouf- 


Tunijhment,  Torture. 


IT  is  Ordered,  and  by  this  Court  Declared  ^    That  no  man  fhall  be   M<,ne  ponini^a 
twice  Sentenced  by  Civil  Juftice  fcr  one  and  the  fame  Crime,  Offence  ' j:;^^''*  °'''' 
or  Trcfpafs. 

yindfor  'Bodily  Punifltmentf,    We  allow  amongft  us  none  that  are  [n-  i,,,p.jv. 
humane,  Barbarous  or  Cruel. 

And  no  Man  fhall  be  beaten  with  zhoyc  forty  firifes  for  one  Faft  at   Kot'i»pve4o 
one  time,  nor  fhall  any  Man  be  punifhed  with  Whipping,  except  he  have  "ripes 
not  otherwife  to  anfwer  the  Law,  unlefs  his  Crime  be  very  Ihamcful,  and 
his  courfc  of  life  vicious  and  p.-ofligate. 

And  nc  man  fhall  be  forced  by  TcrCure  to  cenfcfs  any  Crime  againft  ^^  {oriorc  b-. 
hlmfeir  or  any  other,  unle(s  it  be  i.i  feme  Capital  cafe,  where   he  is   ftrA  fore  coRvwion 
fuliy  conviOed  by  clear  and  fuflficient  evirdence  to  be  guilty,  after  which 
if  the  cafe  be  of  that  nature,  that  it  is  very  apparent  there  be  otber  Con- 
fpiralors  or  Confederates  with  h:m,  then  hcrnaybe  Tcrtuiedj  yet  not  with 
fuch  Tortures  as  arc  Barbarous  and  Inhumane. 


T^r.QT^j,    Recordmy  Clerhs, 


WFJc-as  \i^cofii  of  ^e  Firidefiee,  xehereupan  the  VerdiB  a<^i  hdge- 
rrtent  in  i^j--  dyih  faffj  betMg  duely  enirei  and  \efi^  would  beof^aod 
ufe^  both  fm  fre/rdehtSj  and  <o  fuch  as  JUall  have  j'ujl  caufe  to  have  their 
cafes  JitAtvvtd,'^ 

It  is  therefcre  Ordered  by  this  Conti  and  the  Authority  thereof     Thav  -^S^-^  'S 
•very  Jodg»^menfc  g?ver.  m  any  Courr,  or  by  one  Magrftra^e,  or  b_y  Com-    lF-ij- 
oiiniiwerR,  ftiall  be  RctKirded  in  a  Book,  and  al!  i^  Evidences   (  which 
ate  to  be  given  in,  in  Wnliug,  in  fair  and  l«rg;e  Faperj  )   fhall  be  kept, 
and  tl»c  party  for  whom  tueh  evidencf  is  brcaght,  fhall  pay  to  the  Ke- 
cordes  or  Clerk  of  the  Court  for  tiiiofe  and  faft  keeping  the  fame  two  )>encf  ^"'^^'''".'"t^ 
for  each  evidt'OJt;  and  the  forcmon  of  every  Jury  {iuii  fxitfilulJy  deliver  """  '" 
OP  ill  fuch  Teft'moniec  or  oher  Wntings  ccmmttua  to  tnem,   unio  the  Tobftepion 
Kecorder  or  Clerk  oi  the  Court,  when  they  give  m  tlieir  Verdnfl  in  every  ^'' 
cafe 

G  g  And 


'30  Records  f    T^corder. 


Ard  the  Pees  of  the  Recorder  or  Ckth  of  every  County  Court  (IaH 
^.S7'h^i>  be  as  followcth,  for  trarkfaribrng  a  Copy  of  eny  evidcccc  for  every  page 
fUcoidcfs  fees  *^°"^'^'"g  of  iwnty  eight  or  ihtriy  Imcs,  ei'-xht  v(rds  in  a  ^tnotm'ive  ^imey 
and  proportionable  to  et^ht  pence_i  page  for  vutwt  k  doth  exceed;  For 
entry  of  a  Mortgage  or  Sale  of  Houfes  or  LancSs  verbatim^  not  excecdirg 
a  page  as  aforefaid,  ivpehe  pencs^  and  proportionable  to  ei^ht^ence  a  page 
for  vhat  it  doth  exceed  j  And  for  Atte.lirg  the  Record  on  the  Ongina) 
Deed  y7x  ;?Ka',  and  in  like  manner  for  Wills  and  Inventories,  with  fix 
ptfiee  a  piece  for  filling  up  the  Ori^nal  and  fafe  keeping  thereof;  And  for 
chtring  an  Order  for  the  deiermining  otan  Eftare  of  fuch  as  dyed  Intcftatc,  or 
other,  wherein  the  Court  is  to-  give  thtir  approbation  or  determination 
twfhefen'^e.  And  for  Entry  of  the  Examinaiion  and  Proceedings  of  fliis 
Court  in  any  Criminal  Cafts  or  Prefcntment,  with  tKe  Judgement  of  the 
Coun  therein  tnw  jliUlmgs  and  jlx  pence  \    And  for  Entry  of  a  Recogni- 
zance twelve  pence,  to  be  paid  or  fccured  in  Court  by  the  Delinquent  par- 
ty; And  for  Entring  a  Judgement  acknowledged  tmlvs  pence -,  And  fcr 
L,2.^  ?        Entry  of  an  K(\\ox\  one  flnlimg  fix  pence,  and  a  judgement  thereupon  fix 
pities,  and  for  making  an  Execution  tm  ptHings. 

5Whs,Desihs  *•  ^^  '5  Ordered;  That  the  Clerk  of  ihe  Wtitts  in  the  fcvcral Towns 

Marriages  ftaU  Rccofd  all  Births  and   Deaths  of  pcrions  in  tTicir  Towns,  and  for 

every  Binh  and  Death  they  fo  Record,  Ihey  fliall  "be  allowed  three  fence ^ 
and  they  ihall  yearly  deliver  in  to  the  Recorder  of  tlic  Ccwt  of  the  ju- 
rifdiftion  where  they  live  a  true  Trarifcript  thereof,  together  with  fo  ma- 
ny pence  as  ihere  are  Births  or  Deaths  to  be  Rircofdcd. 
&V7o^c«fifif'°  And  all  Parents,  Maftcrs  of  Servants,  Executors  or  AdminifJrators  re- 
ihecinii  fpoctively,  (hall  bring  in  to  the  Clerk  of  the  Writfs,  in  their  fevcral 

Towns,,  the  Names  of  fuch  perfons  belonging  to  them  or  aViy  of  them, 
as  flfiail  either  be  Born  or  Dye. 

And  ?.ifo  every  new-Married  Man  fhall  likewire  bring  a  CerHficate  un- 
der the  hand  of  tTte  Mogiilrate  which  T^anicd  him  imto  the  iiaKl  Clerk, 
to  jbe  by  him  Recorded,  who  (hall  be  allowed  three  ^ence  for  the  fapie, 
and  the  faid  Clerk  fhail  deHiver  as  aforelaid  unto  Ihs  R.-corder  a  Certifi- 
cate, with  a  penny  a  Name  for  Recording  the  faid  Mariiage :  And  if  any 
perron  fhal!  ncgleft  to  bring  a  'Note  or  CcitiBcate  as  sforvfaid,  together 
with  three  j>ence  a  }'airie  to  ihe  fa»d  Clerk  of  the  Writts  lo  he  Rccoided, 
?frja(»y  of  not  roorc  then  one  Month  after  fash  Bir^h,  Deaih  or  Marriagcj  he  (lull  pay 
ccrtifjinB  twelve  prmc  \o  the  feid  Cleikj  who  ftall  demand  the  fame,  and  in  cafe 

ai.y  fliall  rcfufe  to  fatififie  him,  he  fhall  then  retvwn  the  Name  of  fufh  per- 
^j4.p.24.  fon  or  per/one  to  tiie   next  Magitttatelor  CojnnjfTtoncisof  the  Tovin 
where  fuch  pcrfon  dwells,  who  fhall  Tend  for  the  party  fo  relufu.g;  And 
in    cd(e    lie    fhail    flill   pj'fift  thete'n,    Ihalt  give  Order    to    the    Coi>-' 
ftahle    to    Isavse    the    iamc:     And    if  any    Cierk  of  the  Writts  Jhall 
ncgteft  his  duty  hereby  enjoyned,  he  fhall  pay  the  »o!lowing  penott'ef, 
CteTii^io  feUirtj  vif..  for  neglcding  a  yearly  return  to  tile  County  Court.  Jh-e  pcundr,  zat 
&c'^to'%^''''""  for  m^kCi  of  reU'rning  the  name  of  any  pcrfon  returnable  by  t>,ts  Order, 
ajuntjr  cowl     w!:?thcr  Born^  Married  or  Dead,  mere  then  thirty  dayos  befcrc  Ji!j  seivrn 
to  the  County  Coun  five  fhUlhtfs,  and  that  r.o  ncHctf^  nay  be  hr^em  for 
the  fofirc,  lite  Clerk  of  eac'h  County  Cotii;:  is  hereby  esijoyred  from  fee 
to  time,  to  csrtiB.c  (he  County  Courts  refppif^iveiy  the  Names  of  ali  k^h 
Ckrk''  of  (he  Wrirts,  who  fhali  neglcdt  tc  make  their   yearly  return  ac- 
cording to  this  Law,  who  upon  fuch  notice  given,  fbali  fend  for  fuch 
OcrkS;,  aid  do  fn  Ihc  cafe  ss  the  Law  rtquireth. 

3     It 


Rtoords^  Reorder.  jjj 


3.  It  i3  Oirdared  and  Declared,  That  every  man  fhall  have  liberty  to 
Rec(>rd  Jri  the  publiok 'Rolls  of  any  Court,  any  Teftimony  given    jpon   ^»''^4f- 
Ofth  m  the  feiTfie  Court,  or  before  two  Magiftratcs,  or  any  Deed  or  Evi- 


LibcTtv  tore- 


dence  legally  confirmed,  there  to  remajn  in  per^etuam  ret  memoriam.  cd  [Invnci^ 

Aa^  that  every  Inhatil^tit  of  the  Country,  (haW  have  free  liberty  to  '"^  "i^t**"; 
feaich  ari  viev/  any  Rolls,  Records  or  Rcgirters  of  any  Court  or  Office,  ^'''"J  P"^'"* 


■ty  to 
)ffice, 
except  of  the  Council,  and  to  have  aTranfeupi  or£xemp!jfic3tion  thereof, 
Writter,  Exanjined  and  Signed  by  the  hand  of  (he  Office-,  paying  the 
acc:flomed  fees. 

And  if  any  perfon  or  per/on  repairing  to  any  publick  Officer  of  this  A.  j 2.^.9, 
Jprifdiftion,  to  view  any  Record  or  Writings  committed  to  his  charge, 
Ihall  wittingly  and  wilhngly  Uefaec  or  Rent  any  fudi  Record  or  AVriting, 
upon  complaint  of  fuch  Officer  to  any  Magifttatc,  and  proof  by  Oath  of 
the  fa\d  Officer,  or  other  fufficienl  Witnefs,  every  perfon  fo  offending 
(ball  forfeit  by  the  pa^ty  concerned  therein  treble  the  damage  that  mighl 
have  enfued  or  jsccrucd  to  him  or  them  Iherieby,  and  fhall  alfo  be  fined 
OS  much  to  the  Countty,  or  fuffer  fvo  Months  imprifonment  -without  ^'7j;'n^r'^,i^'' 
Baile  or  Mairt  priie,  or  (land  in  the  Piilory  two  hours  m  Bofton  Market, 
•with  a  Paper  over  his  head  written  in  Capital  Letters, 

A      DEFACEH      OP      RECORDS. 

the  fpeclal  or  particular  puniflimenl  to  be  determined  by  the  next  County 
Court  where  the  Offence  was  committed,  and  (hall  alfo  ftand  bound  to 
the  good  Behaviour,  during  the  pleafurc  of  the  Court.  £  tdjy^  42,  <^j, 
44, 47j  i2,  S7-  ] 


R^folveel  ufot  ihe  Qmphn^  That  the  words  RoIlSy  Tjcfords,  or  Jiegt^er  JijitS'^  ft<. 
of  any  Court  oro£lce  contained  in  the  Printed  Laws,  Ht    Hccordi,  &c.  frl'maict^^ 
SeO.  3. fag.  6p,  arc  to  be  Interpreted  and  unjerftood  only  of  fuch  Afis  of  See 
Court  as  concern  particular  perfons  in  matters  of  Jufticc,  Licence,  Grant 
or    Approbation,    or  of  fuch  Laws  as   are  of  publick  concemmcnU 


WHereas  iy  reckon  that  the  Orders  of  this  Court,  referr'mg  to  the  Com-  Sotfonsvitniinr. 
tntJfoKatwgy  jippomtini  ^'^  imfommg  any  particular  perfin  or  per-  ['^^"^or^>^iul 
fcm  for  any  fpecial  iru/l,  vegptiation  or  other  matter  as  from  tixne  to  itme  ofT«^'ick  ro^ 
do  arifi,  are  not  dutly  and  feafonably  Trcmfcribed  aud  DdlvenA  to  thofe  "•"^^^^''t  3< 
contern'^d  thmsM,  the  exfeOatfon  of  fhs  Court  u   many  times   difappmt.'H,  ""  '^ 
and  damage  to  the  pubifck.  dotb  inevttatiy  acruci 

It  IS  thercRire  Ordered  by  thii.  Court  i  That  the  Secretary,  from  tim« 
to  tirre,  within  ten  dayes  £'".er  the  tnd  ot  tvery  Sefiions  ot  tke  Gencui  To  itic  MjrBi»lj 
Court,  fha;l  Copy  cut  ail  fuch  fpecial  Orders  of  thi£  Cojrt  a^  abovefaid,  '''"'"■'' 
and  deliver  tht  fama  to  ttie  Marloai  Genual,  who  fhall  receive  the  fame 
at  the  Secretaries  houfe,  and  take  0/dcr  for  the  fpccdy  and  certnm  con- 
veyance thereof,  to  thofe  whom  they  are  cfpanaJly  directed  iiiito^  \nd 
for  fuch  Orders  as  do  require  a  more  ipocdy  difpa:;ch  then  the  iiwe  a- 
Dovc  limited,  the  Officers  above  homed  fhall  accordmglv  baften  the 
fame. 


G  B  3  Alfo 


J  3^  Htfltvitf.     Sdhhath. 


Alfo  Ihe  Marihal  Genera!  (hall  from  time  to  time  receive  all  Warrants 
Matrtio' Gcwral  that  are  to  l)e  fcjtit  to  the  fevcral  Towns  from  the  Country  Tteafuier-  as 
Trl^'^^^-a  alfo  the  Laws  that  are  at  ariy  time  to  be  pubJifbed,  either  Printed  ojr 
^etr-turivs -u  Written,  and  caufe  them  to  be  delivered  according  to  the  dire(nion  gi^ea 
TctVwm.ftc      him  from  the  Treafurer  Of  Secretary.         ^iSSe.J 


REP   h  £  V  I  N, 


IT  is  Ordefc3  and  by  this  Cwirl  Dfciarod,  That  every  man  fhall  have 
hberty  to  Replevie  his  Chattel  or  Goods  Impounded,  Dilhcined,  Sci- 
ie.ed  or  Exlcitded,  unlcfs  it  be  upon  Eyeeution  after  Judgement,  ancl  la 
payment  of  fines ;  Provided  he  put  in  good  Srcucily  to.  profecure  Ihe 
Kepievm,  and  to  fatisfie  fucTi  Demand  asliis  Adverfary  Ihail  iccover  a- 
gainft  Him   inlaw.     {^i64i-~\ 


S  A  B  B  A  t  H. 


UPm  ItTformMron  effmidry  ty^hufes  an^  U^ifdemci^nours  cemmittcd  by 
...^,j.f. drfers  ler'ons  on  the  Loxis-day,   wet  only   hf  Chtldrin  playing  m  tie 

Streets  etn<i  ffther  plc.tis -^  Tiut  ly  Taulhs,  Maids  and  ,}ther  pcrfons,  bsth 
Strangers  and  others,  u*icivily  Tpalkir>£  in  the  Streets. and  Ftcias,  Ir/iselling 
from  Town  1o  Toivw,  ^yin^  en  Shjf-boardy  frequenting '  Commori-  Houfts  and 
other  places  to  "D'inJ^,  Sport  or  ofhern/ife  to  mifprnd  thai  l>reciijUs-  Unte^ 
■which  Ihhi^  tcnJs  much  to  ihe  Difhonour  of  Cod,  tht  'l{jproach  of  RcUgicny 
Crievin^  the  Souh  of  Gods  Servantty  and  the  Pro^bayiaiton  of  ^>s  Hch 
Sfibbeth,  Ihe  SaHflifieelftm  wh-nof  is  femetimes  put  for  <jll  Didus^  iwmedi- 
alelji  refpvUvtg  ii?e  ffrvta  «f  ^od  contained  in  I'oe  ftrjl  Tcthkj 

It  is  therefore  Ordeced  by  this  Court  an^  the  Authority  thcrcpf,  That 

no  Chiidren,  Youth,  Maids  or  ot'her  pcifonsfhali   iranfgtffs   in  the  like 

*''''"'''^'^a°^      kinde,  on  penaity  of  being  repuied  great  provokers  of  the  high  ()ifpl«afure 

of  the  AJmigljty  Cod,  and  fui'.hcr  incline  the  penalty  bereaHet  exprelTed, 

viz.  That  the  rarchis  and  Govertiours  of  all  Children  above  Teaven  years 

old,  (not  that  wc  approve  younger  Children  m  tvil^i  (or  the  firil  oifence 

Fenrtiy  in  that  kiade,  upon  clue  proof  ttfore  any  Mogiftiate,  ComniifTioner  or 

6ele6'man  of  the  Town  U'Hcre  fuch  ofTence  thaJI  be  comnutttrd,  fhall  be 

Admonifhed:  For  a  fecoild  offence,  upon  due  proof  QKaforefrid,  fhall  pay 

asa  fine/?tT  fiiHings:,  And  for  a  third  offence,  upor^due  proof  as  aforefaid 

Un  jhtlh'n^s-j  And   if  Ihcy   (tisH   ag«in  ofTend   in  that 'kindt,  ibey  fliall  Ije 

preicnfeH  to  the  County  Court,  who  fh»(!  augment  punifhmcnt  aC'iordiog 

ioIhe^Tifrikof  Ihe  Fa(ft. 

And  for  oil  Youtii3  ar.d  Maids  above  fourteen  years  old,  and  aH  eider 

perfor\8 


Sabbath.  *5> 

perfons  whacfoever,  that  fhall  offenfl  and  "be  convict  as  aforefaid,  either 
for  Playing,  oncivil  Walking,  Prinking,  Travailing  fronn  Towm  to  Town, 
going  on  Shipboara,  Sporting,  or  any  way  mi/pending  that  precious  time, 
{hall  for  the  firft  offence  be  adiTionifhed,  upon  due  proof  as  aforefa'»d,  fw 
a  Cecond  Offence,  fhall  pay  as  a  fine  fwe  fliil/in^s,  and  for  the  third  of- 
fence hn  ^Uiingi--,  And  if  any  fball  further  offend  that  way,  they  fhall  be 
bound  over  to  the  next  County  Court,  who  fhall  au^grtient  punifhnrtcnl  ao 
cording  to  the  nature  of  the  offence:  Anfl  if  any  be  unable  or  unwilhng 
to  pay  the  aforefa'id  fines,  "they  fhall  be  whipped  by  toe  Conftable,  not 
exceeding  five  jkifec  for  ien  fillings  fine,  arvdlhis  tobeundcrftood  of  fuch 
offences  as  fhall  be  committed  during  the  D7.7  light  of  theLor^ day.  C/<^/iJ 

Z..Whereas'b^  too  fad  experiences  it  is  objervedy  the  Sun.beinj  fet^  bdb 
every  Salierday,  and  on  the  Lords  clay, young  peopft  and  others  take  liberty  ^-  ■'^• 
to  \9alk_  and  ffort  themfelves  in  the  Jlreets  or  fitlds,  in  the  feveral  Towns 
of  this  furifdiflion,  to  the  Dishonour  of  God,  and  the  Diflurbaace  of  others 
in  their  Religious  extreifes,  and  too  frequently  repair  to  fhhlick.  Mouft^  'f 
EntertoinmejU^  and  there  (it  Drinkuif,  all  which  tends  not  only  to  the 
hindring  of  due  preparation  for  the  Saohcdh,  but  as  much  as  in  ihem  ijeth 
genders  the  Ordinances  of  God  un^cftablf,  and  threatens  the  rodtng  out  of 
the  power  of  Godlinefs,  and  procuring  the  math  and  Judgement  of  God  upon 
us  and  our  pojierity ;  For  prevention  whereof  j 

It  i£  Ordered  by  this  Court  and  the  Anthouty  thereof;   That  if  ^"7  j»r;riMTi  II  Cr. 
perfon  or  pCrfons  henceforth,  either  on  tlie  Sstlerday  night,  or  on  the  ()in.>r>e?»fitr 
Lords  day-night,  after  the  Sun  is  fet,  fhall  be  found  fportiag  in  the  ftreets  ^""  '^' 
or  fields  of  ^ay  Town   in  this  JurifdiOion,  Drinking,  or  teing  in  any 
Houfe  of  pubtick  Entertainment  ( iinlefs  Strarrgeis  or  Sojourners  in  their 
Lodgings)  and  cannot  give  a  fatisfaflory   Reafon  to  ftich  MagifVrate  or  p^na't? 
Commiffioncr  in  the  fevefal  Towns  as  fhall  have  Vhe  cognizance  thereof: 
Every  fuch  perfon .fo  found  complained  of^  and  proved  Iranfgrcnin^,  fhall 
pay  pve  fhiHtngs  for  every  fuch  Traofgreffiorr,  or  fnffer  Corporal  pimii'h- 
ment  as  Aulhonty  aforefaid  fhall  determine.     [  i6ssr\ 

THis  Court  being  fenfhle,  that  through  the  wicked  fralfifes  of  mAny  pevfons, 
vhodo\.rophane  Gods  iioly  Sablaths,  and  contemn  the  puhl/ck^  Worfjij)  of 
his  Hoitfe,  the  Name  of  God  is  greatly  difhonoured,  and  the  Trofeffion  of  hi!  Peo- 
ple here gr<:c.tly.fcand.^iit.(d,  as  tending  to  all  Trophansnefs  and  Irrdi^idu ;  ^s 
alfo  Ihatyy/eafinj  of  the  late  Order  of  Odob.  20.  166}.  remitting  the  fines  im- 
pofed  orifucli  to  the  ufe  of  thefeveral.  Towns ,  the  J^.ws  mrde  for  reclaiming  fuc^i 
Xyiormties  are  become  ineffeitualy 

I)o  therefore  Order  andBiaft ;  That  henceforth  all  fiqes  impofed  accordinjf 
to  J^w  for  PcoplianationoftheSabWh,  Cop.temptor  Negleilof  Gotis  pub- 
Ihik  Worfhip,  Reproaching  of  the  Laws,  and   Authority   here  EftaliJifheA 
according  to  His  Majefties  Charter,  (hall  be  to  the  u\\  of  the  fever?!  '\i'fln<'sfor 
Counties,  as  formerly ;  Any  thing  in  the  abovefaid  Law  to  the  contrary  f^'IS"  t 
not  with  Itaoding.     And  in  cafe  any  oerfon  or  perfons  fo  fentenced,  do  r\r^\if\  ffTi'-fy  lo  ^ 
orrcfufeiopay  fuch  Fine  or  Mukis' as  fhall  be  legally  impofed  on  them,  or  'j^^'"  <^°"'""^ 
give  Sccur.ty  in  Court  to  the  Treafurcr  for  payment  thereof,  every  fuch  perfon 
or  perfons  fo  refufing-or  neglefling  to  fubmit  to  the  Courts  Sentence,  fhall  for 
fuch  hi.5  Contcnpt  be  Corporally  punifhed,  according  zz  the  Court  that 
hath  cognizance  of  the  cafe  fhnll  determine:  And  where  any  are  Corp<J- 
Tally  punifhud,  their  fines  fhaii  be  remitted.     [  166 j.^ 


e 


H  h 


For  ' 


114- 


Sailers.     Salt 


POr  the  letter  ^Prevention  cf  the  "Breach  of  the  Sahhath\ 
It  is  Enabled  by  this  Court  and  the  Authority  Ihereof;  That  no_ 
fcrvile  work  ftiall  be  done  on  that  day,  namely,  fiich  as  are  not  works  of 
sM  ih  b  cik-  V\el\i  of  Charity,  or  of  Ncccflity,  and  when  other  works  are  done  on  that 
w  '  '  day,  the  perfons  fo  doing,  upon  Complaint  or  Prefentmcnt, "being  legally 
convKfted  thereof  before  any  Magiflrate  or  County  Court,  fhali  pay  for 
the  firft  offence  ten  /W//;>j^j.  fine,  and  for  every  ofl'ence  after  tobcdouWedj 
and  in  cafe  the  offence  herein  be  circumftanced  witli  Frophanefs,  or  high 
handed  Prefumption,  the  penalty  is  to  be  augmefrted  at  the  difcretion  of 
the  Judges. 

jis  an  addition  to  the  Lave,  for  pcietitm^  'P)Opb/i:ii;i£  the  Sabbath 
day,  by  domg  ftrvile  -n-ork.'. 

This  Court  doth  Order  j  That  whatfoever  pctfon  in  this  Jurifdiflion 
lliall  Travail  upon  the  Lords-day,  cither  on  Hotfc  back  or  on  Poor,  or  by 
Boats,  from,  or  out  of  their  own  Town,  to  any  unlav/ful  Affembly  or 
Mecung,  not  allowed  by  Law-  arc  liereliy  declared  to  "be  "Prophaners  of 
the  Sabbath,  and  fhallbe  provided  againft  as  the  perfons  that  Prophanc 
ihe  Lords-day,  by  doing  Icrvile  v/ork.     C  i^^^-^ 


SAILERS. 


_         ^TVjJiffcas  ynany  M'>fcaYr\a.ges  are  ccmmhted'by   Saylers,  by  their  irH- 

J^.2.r.    ^'    Y  y  ynoderat:  Drinking,  ana  other,   ■vain  expencd   m  Ordi>jaries,  which 

vftcntimes  occafons  ■prejudica  and  damage  to  the  Maker's  and  Owners  of 

the  yefj'els  to  vehich  they  belong,  thdr  rmnbeing  ofttnUmes  y^nejJt-dfor  Debts 

to  made  vcben  thar  3i':ps  are  ready  to  fet  farU :,   For  Trtvmticn  whereof; 

It  is  Ordered  oy  this  Court  and  ihe  Authority  thereof;  That  no  Innc- 
keeper,  VKflualler  or  other,  Seller  of  Wine,  Peer  or  -Strong  Liouors,  fhail 
after  publication  hereof,  Arrcft,  Attach,  or  recover  by  Law,  any  Debt  or" 
Debts  fo  made  by  any  Sayler  or  6aylors  as  aforefaid,  except  (he  Maftcr 
or  Owner  of  fuch  5hip  or  VclTel  to  whom  fuch  Saylers  belongs,  have  gi- 
ven under  his  hand  to  difcharge  the  farnc  ■■,  Any  Law,  Ufe  or  Cuftomc  to 
the  contrary  notwithftandmg. 


S  ji  LT 


Upon  hfcmatkn  given  to  this  Court  of  great  et^ma^e  accruing,  both  (O 
Merehjrtts  and  otheis^  by  r^afon  vo  meet  prfom  art  appointed  for  io 
meafure  Salt  from  [uch  Ship  as  arrive  m  cur  f^veral  Harbours; 

This 


Salt-Pater.     Seal-Fuhlick.  ijj 


This  Court  doth  therefore  Order  and  £n&C\;  That  there  fhaii  be  m 
every  Maritime  Town,  within,  this  JurifdiOion,  one  meet  pcrfon  ap- 
pointed by  t"he  Tov/n  from  time  to  time,  who  /hall  dih'gcntiv  attend  this 
ffrv)cc,  upon  due  notice  given  by  cither  party  concerned  therein;  and  ^•'♦^ober 
the  fame  truely  and  faithfully  to  difcharge,  for  wTiich  he  fliall  be  alioufd  '^"'"^ 
ihrte  half  ^ence  for  eveiy  Hogfhead,  the  one  half  to  be  paid  by  the  "Buvcr 
and  the  other  balf  by  the  Seller; 

And  what  Ma/lers  of  Ships  or  other  VefTeb,  or  Merchants,  (hali  fail  in 
the  obfcrvation  of  this  Order,  he  or  they  (liali  forfeit  to  the  Country 
iwo  piilliytp  for  every  Tunnc  fo  difpofcd  of,  ynlefs  the  parlies  fhallolhcr- 
wife  a^ree. 


5  >rf  /.  r~P  BETE 


•XT'XjHereas  this  Court  hath  F.nemragfd and  tAuthor'it.i'J  fme  Terfoas 
x     \    tn  make  Gun- Powder,  and  have  pronitjed  to  enable  them  thereunto, 
by  fueh  Publkk^and  Necejfarj/  Orders  as  may  conduce  to  the  cffe6mg  the 
Junie  -, 

The  coiifideration  \A'hercof  hath  moved  the  Court  hereby  to  Ordcrand 
Enaft,  Tt^n  the  Select:  lii en  of  every  Toun    (where  the  Powder  maker?  '^''^'/^^'Tj"// 
Authorized  by  this  Court  fbal!  defire  it)    be  Authorized  and  Required  wturrr'rwity  to 
Tiereby  to  make  and  execute   fueh  Orders  in  their  refpe(f)ive  Towns  as  r^j^y.'s.-*^"' 
they  fhall  judgde  meet'(with  the  advice  of  skilful  performs)  for  inereafmg 
and  procuring  of  Salt- Peeler,' ahd  to  impofc  flfeh.  penalties  as  the  Seie(f\- 
men  fhall  fee  meet;  not  exceeding  ten  jUill'mgs  for  one  offence,  upon  all 
pcrfons  that  fha)I  negle<fl  or  refine  fo  perform  fuch  Order  or  Orders  for 
the  propagating  and  incteafing  of  Salt  Peeter  in  their  refpeftive  Towns: 

And  Mo.'covcr  the  faid  Seleftmen  arc  further  Impovvred  to  choofeand 
appoint:  an  Officer  or  Officers,  and  to  allow  him-  a  convenientftipend  An- 
nually for  his  pains  out  of  the  fines  or  otherwife,  to  look  to-  the  e^ce- 
cuting  fuch  Orders  as  they  fhall  make  in  that  Tjehalf. 

And  it  is  further  Ordered ;  That  fuch  ScletH  men,  who  (linll  neglecfl  or 
rcfufelo  make,  and  effcflually  Execute  fuch  nccefiary  Orders  as  fliali  conduce 
to  the  ends  aforefaid,  they  fl-.al!  bePrefcnted  at  the  Court  of  that  County 
and  there  be  fiiK-d  for  their  neglcft,  at  the  difcreticn  of  the  Court,  not 
exceeding  fiv:  founds  for  one  offence  ;  And  this  Law  to  be  pi't  in  Exe- 
cution forthwith  after  the  publication  thereof,  and  th.'s  to  continue  during 
the  Courts  plcafure.     ^1666."^ 


SeaUPuUkki 


IT  i^  Oraered  by  this  Court  and  the  Authority  thereof;   That  the  Co- 
verrtcu-!  For  the  time  being,  or  any  other  Officer  to  whom  ttc  cuftody 


»2g  School. 

of  the  PubKckSeal  is  committed,  do  affix  the  pubiifk-Stal  unto  all  Com- 
iTifl'tore  for  Military  O/ficcrs,  and  to  all  otLcr  Ccsnwi'fions  and  Writings 
of  publick  concernment,  that  (ha'A  iffue  forth  from  this  Court  or  the 
Council  without  paying  ar\y  thing  for  the  SeaU  And  the  Secretary  forth© 
time,  fhall  write  and  proct-,re  the  Seal  to  be  ^fFrxed,  snd  deliver  the  faid 
Commiffions  &fd  other  publick  Inftriimsnts  to  the  parlies  concerned^  arid 
for  Ivis  Pees  of  "Writing  and  Wax,  he  is  allowed  a7ts  Jhi&mg  for  every 
Commilfion  or  other  publick  Inftruments,  to  be  pai3  by  the  Trearurcr  of 
the  Cowitry ;'  And  tills  Law  to  "be  in  force,  any  LaWj  'C'jftwme  or  Ulage 
to  the  contrary  notwithftanding.     [  I66'i.'\ 


SCHOOLS* 


11"  berng  otte  chief  ftojed  of  Salhfff>  to  l^ecp  men  from  the  kvowhdge  of  tie 
Sen^tme-y  us  w  former  ttmif,  I;ee-pw^  them   in  uv\mwji  Ton^ues^  fo  in. 
theje  latter  times.,  hy  pcrjvjr&ng  from  the  t^  of  Yon^ues^  thai  fo  atleafi  the 
true  ftMfe  and  r^eav'mg  of  .the  Original  mt^U  br  chudm  a»d  eamif>ic3  vpith 
falfe  gloffes  of  Deceivers  1  i6  the  end  thai  Zearnmg  r^ay  not  k  buried  in- the 
Graves  of  our  fore  Faibefs,  :n  Church  and  Crovmoi^wetillby  the  Lord.  a[^ 
fling  our  eyidefivWi ; 
Schools  In  towrfs      i[  is  thercfoie  OrJered  bv  this  Cour'J  and  Authority  fherecfj  That  eve- 
ofjoFaniiiiei     ^.^  j^^^  ^^^  v/itbia  this  Jurift]i(f^ion,  after-the  Lord  ha tb  increafed  them. 
to  the  number   of  fifiy  Houfe  holders,  ftiali  then  forthwith  appoint  one 
•within  their  Towas,to  teach  all  fuch  Children  as  fhalireforr  to  him  to  Write 
ksw  maintained  and  Read,  "w"hofe  Wages  thai)  te  paid  ciihcr  by  the  Parents  or  Mafters 
of  fuch  Children,  or  Ijy  the  Inhabitants  In  general,  by  way  of  fuppty,  as 
the  major  part  of  thofe  that  Order  the  prudcntifils  of  the  Town  fhall  ap- 
point^  Provided  tJnat  thofe  wTiich  fend  their  Children  "be  not  oppr€(red  by 
paying  much  more  then  they  can  have  them  taught  for  in  other  Towns.- 

eraniitiar  fchooi  j.   And  it  IS  further  Ordered,  That  where  any  Town,  fhail  incrcafe 

to  the  n'jmijer  of  cmhundrei  Families  or  Houfe-holders,  they  fhall  fet  up 
a  CVuTnmar 'School,  the  Mafter  thereof  being  able  to  ItifbfuA  Youth  fo  far 
Towns  nciua,  as  th"y  ihny  he  fitted  for  the  Univerfity.     And  if  any  Town  negledt  the 
ioDZ'iiU  per'   perfcrmance  hereof  above  one  year,  ih^n  every  fuch  Town  fhall  psy  Jive 
cfewi^'    founds p£r  Jnrjwn  to  the  next  fuch  School,  till  they  fhall  perform  this  OtUx. 

A.t4:P.t,  3    F'f^af^iMh  cu  it^catly  concerns  the  welfare  of  this  Cnurjtryj  that  the 

YoutH  AiiTCjfJ^  £duc^ed^  not  crdy  mgcod,  Litter ature,  but  infoun^  DoOrim; 
iTrtrodox  jtiis  Court  doth  theftfoie  commend  it  to  rbe  fcrious  confrdcration,and 

nol'^oL'^i'""    fpecis!  care  of  our  Overfccrs  of  the  Colledge,  and  the  Selesfl  men  in  the 
lowed  feveral  Towns,  not  to  admit  or  fuffer  any   fuch  to  be  continued  in  the 

Office  or  Place  cf  Teaching,  Idncating  or  InftfiKfling  Youth  or  Children, 
in  the  Colledge  or  Sc>iools,  that  have  manlfcAed  Ihemfelves  vinfound  in 
the  Faith,  or  fcan^alous  in  their  Lives,  and  have  not  given  fatisfaiftion  ac- 
cording to  the  Rufes  of  Clirift. 

whereof 


Ssl/Murrber.     Sheep  i?7 


WHcTfiit  the  La-M  reqir.re:  every  Torn  rmfijihi^  c/  ore  nundred  Fa- 
milies or  uj'tparels  20  fit  up  a  Grammar  School  and  appoint  a  M^iOtr 
thereof  J  able' to  inJlntS  Tculh,  fo  as  to  fit  than  fcr  tk:  Colled  ge;  and  upm 
negleh  thereof  the  {aid  T'>wn  n  to  fay  iive  pounds  fcr  jir,mi>-A  to  tht  vext 
.Latin  Schvo!,  unlil  the)-  Pia/l  f'tfonn  tbnt  Order -^  ^  ^^^ 

The  Court  upon  weighty  Rcafons  judge  meet  to  Declare  nnd   Craer;  jc'i'/oT'o  v-  i* 
That  every  Tow:i  of  one  Hundred  Families  and  upwards,  that  fhali  negleO  t^wniof  io« 
or  omit  to  keep  a   Grammar  Sehccl^  as  is  provided  in  that   Law,   fuch 
Towns  flial!  pay  te»  fcv.iids  per  yinimtn  unto  the  next  Town  5cliool  that 
is  fettled  according  to  thai  haw.     [  ,6jj.  J 


S  E  L  F-M  V  Jl  T  H  Z  R. 


TJits  Court  eonfidering  how  far  Sa^an  doth  prevail  upon  Jevcral  perfc-ni 
within  this  Jip^ifdiOfon,  to  make  away  themfdres,  judgeth  that  Odd 
taOs  them  to  hear  teflimony  a^ainjl  fiicb  meked  and  unnatural  fraliifci ,  thai 
ethers  may  be  deterred  tberefro/n-j 

Do  therefore  Order,  That  from  ncnceforth,  if  any  perron  Inhabitant  or  Scifmordtrin* 
Stranger,  fhal!  at  any  time  be  found  by  any  Jury  to  lay  violent  hands  on  uomjIs'^'""^ 
ihemfdvcs,  or  be  wilfully  guilty  of  their  own   Death,  every  fucb   pcrfcn 
Ihall  be  denied  the  oriviled^e  of  being   Buried  in  the   Common  Burving 
place  of  Chriftians,  out  fha!I  be  Buried  in  fome  Common  Highway  wiicre 
ihc  Seledi-mcn  of  the  Town  where  fuch  perfon  did  intabii    fnall   appoint 
and  a  Cart-load  of  Stones  laid  upon  the  Grave  as  a  Brand  of  Infamv  and 
as  a  warning  to  others  to  beware  of  the  like  Damnable  pradlifes.  [■/^f^cl 


SHEEP. 


WHereas  the  keefin^  of  Sheep  tends  much  to  the  benefit  cf  the  Cofinhy^ 
and  may  in  jhcrt  time  make  ^ocd  fufply  towards  the  chathmr,  af  'he 
Mabilams  if  carefully  {referred ;  aod  for/ifmuch  at  al!  places  are  not  fi  cna     ^  "^  ^ ' '  ^' 
cmvcnient  for  that  f.-jr,' ; 

It  is  Ordered  by  X\i.s  Court;  That  henceforth  it  fnall  be  lawfuI  for  any  <■=''"■'>♦"  Vo 
iiun  to  keep  Sheep  on  any  Common,  be  it  for  Cows,  Oxen  crotherwife,  rc'^:;«" 
bcloi^giiig  to  thr  T:r'n  where  he  !ivc;,  or  whrre  at  that  time  he  may  pv.rvcrror 
Osive  Kigl^t  of  Common  and  that  without  limitation,  in  Commons  not  on^coi* 
llinfcd,  and  in  fuch  Commons  that  are  flinted,  it  fhail  be  lawful  fcr  any 
Inhabirant  to  ufe  any  01  all  his  proportioi;  of  Common  for  She«p,  ac 

^'  CQunlwig 


3^8  ships,     SbiyCarpemtrL 


counting  five  Sheep  for  one  Cow,  Srccr  or  Oxe ;  and  Curtlier,  it  fliall  be 
/l.jS.p.ti.  la^vjul  lor  the  Sckit-men  of  every  Town  from  time  to  time,  romskcructi 
aric«.,^r„,o  Ordeii  la  their  refpeaive  Tovi/ns,  for  the  clearing  of  thetr  Commons  ok 
t,rdM.ifi.rinK  Vi'ood  and  Brufh,  for  keeping  of  Sheep,  as  alfo  lor  the  fines  ol  putting 
aVepTpXrc"'   Rams  to  then  Flocks,  as  they  {hall  judge  meet. 

2.  It  is  further  Ordered  j  That  if  any  man  (hai!  courfe  Sheep  with  a 
Dog,  or  oihcrwifc  molcft  them,  by  driving  them  from  their  feeding,  he 
ri'4-p''tob?        ^lall  pay  five  pnlimg$  for  every  fuch  offence,  befides  double  damages,  and 
h.nged  if  any  dog  (hall  kill  any  fheep,  the  Owner  ftiall  cither  hang  fuch  dog,  or 

pay  double  damages  for  the  ftieep,  and  if  any  dog  hath  been  feen  to  courfe 
or  bite  Sheep  before,  not  being  fet  on,  and  his  Owner  hath  had  nodce  thereof, 
then  he  (hai!  both  hang  his  dog,  and  pay  for  fuch  Sheep  as  he  fhall  cither 
bice  or  kill ;  And  if  in  luch  caie  he  fhall  refufe  to  hang  his  dog,  then  the  Con- 
ftablcoftheTown  upon  notice  thereof,  ihail  forthwith  caufe  it  to  be  done. 

^  3.  Tr  is  further  Ordered^  That  all  Owners  of  Sheep,  who  (hall  put 

cdt.'Vo^^fcTr!!!  their  Wool  fo  fale,  fha.'l,  and  hereby  are  enjoyncd  yearly  to  wafh  theif 

Sheep  in  clear  water .  not  being  either  fait,  biackifh  or  dirty,  and  fhall 
u^oMsobemaJe  take  care  they  be  not  kept  in  dirty  or  fandy  Ground,  betwtcn  the  time 
up  clean  q{  wafhiog  and  lliearing^  And  in  making  up  the  Fleeces  to  take  care  no 

fhort  Locks,  Lutnps  of  dirt,  or  courft:  Tails  be  wound  Hp  therein,  upon 

the  penalty  of  forfeiture  of  twelve  ^cnce  a  Sheep  for  all  and  every  defcft 

afotefaid.     [_t£4Si  SSr  J^'J 


vv 


ShipSy  Ship-Carpentm. 


Hereas  the  huiW'ig  cf  Ships  u  a  bufmfs  0/  ^reat  Importance  for 
the  Common  good,  and  therefore  fuitable  care  ought  to  be  tak^n-, 
that  it  he  well  performed^  .iccorditig  to  the  commeyidable  courfe  of  England 
and  other  places ; 
^oinud't"  ?!£«  ^^  '^  therefore  Ordered  by  this  Court  and  the  Authority  thereof  j 

aiiniips  That  when  any  Ship  is  to  be  Built  within  this  Jurifdi^ion,  or  any  Vcflel 

iniji!d:nfl  afovc  thirty  Tunns,  the  OwncT,  or  Builder  in  his  abfcncc,  iTiall  before 
they  btfgin  to  Plank,  repair  to  the  Governour  or  Deputy  Governour,  or 
any  two  Magiftratcs,  upon  the  penalty  oi  ten  founds,  v^ho  fhall  appoint 
fome  able  man  to  furvey  the  Work  and  Workmen  from  time  to  time  , 
as  is  iifual  in  EndoTid,  and  the  fame  To  appointed,  (hall  have  fuch  liberty 
and  power  as  belongs  to  his  Office. 
r.be;rpo*rt  And  if  any  Ship-Carpenter  fhall  not  upon  his  Advice,  Reform  and  A- 

mend  any  thing  which  he  fiiall  finde  to  be  aniifs,  then  upon  complaint  to 
tlic  Governour,  or  Deputy  GiAcrnour,  or  any  two  Magiftrates,  they  (hall 
appoint  two  of  the  mcft  fufficicnt  Ship- Carpenters  of  tljis  Jurifdid^ion, 
and  fhall  Authorize  them  from  time  to  time,  as  need  fhall  require,  to 
take  view  cf  every  fucli  Ship  and  all  works  thereto  belonging,  and  to 
fee  that  it  be  perfcrmciJ  and  carried  en  according  to  the  Ruks  of  their  Arf. 
(,,t(,  And  for  thij  end  aa  Oath  fliall  be  Admanftrcd  to  them,  to  be  faithful 

and 


Shipping,  1.,  9 

'  — _^__-_^ . — .,_  . 

and  indifferent  oety/cen  the  Owner  and  the  Workman,  and  their  charges 
ftiall  "be  born  by  fach  as  Ihall  Lc  found  in  dcfauir:  Cv<ie> 

And  thofe  Viev>.-eri  flial!  have  power  ro  caufe  any  bad  Timbers,  or  other 
infufficienc  Work  or  Materials  tote  taken  out  and  amended  at  the  charge 
of  them  through  wiiofc  default  it  grows.     [  '^-^'>  '*/'•  J 

2.   It  is  Oracrcd  by  the  Authority  of  this  Court-,  That  all  Ships  which 
Come  for  Trading  only  from  other  parts,  fhall  have  free  accefs   into  our    Veteaka- 
Harbours,  and  quiet  Riding  there,  and  (ree  liberty  to  depart  without  any 
niolcftation  by  us,  t1iey  paying  all   fuch  dunes  and  charges  required  by 
Law  in  the  Country,  as  otiiers  do.     \_  i64s-  J 


T 


'//«  Court  havmj  perufed  itnd  cvnfidcred  the  Letlnr  receded  from  his 
^■/ajejlics  mofi  Jiomurable  Privy  Council^  dated  the  24  of  June  laft, 
Tclatrng  to  an  ny^d  of  Parlinnitnt^  fntitukd.  An  A(ft  for  the  Encouraging 
and  Increafing  of  Shipping  and  Navigation  j  yis  a»  ^dditioit  and  Expla- 
nation of  former  Orders  made  by  this  Court  corxevuin^  tbefe  yJffeirs- 

It  is  hereby  Ordered  and  Enaiftcd;  That  the  feve'ral  Officers  hereafter   o"^'''^'  '*"'«< 
mentioned,  arc  hereby  Deputed  and  Authorized  to  fee  that  the  faid  Adt   fliirpi's"'"^ 
be  perfoiiiicd,  To  far  as  it  concerns  the  Government  of  this  Plantation, 
both  in  fcizing  Ships  or  VcfTels  inhibibited  by  the  faid  Atft  to  Trade  here 
faking  Bonds  of  ail  Ships  and  VefTels  thatT.ades  in  our  Ports  any  Com-- 
inodiiics  cxprt|]ed  in  the  faid  A<ft,  of  tbc   Growth,  Product  or  Manufa 
Oory  of  the  Englifh  Plantations,  who   fhali   not  produce   certificate  that 
they  have  given  Bond  already  as  the  faid  h€\  requireth. 

And  in  cafe  of  neg!c(fls  or  contempt,  tofcizc  fucb  VefTels  or  Ships  that 
Lades  the  aforefaid  Goods  without  giving  Bond  or  flicwing  CcrtJMcates  : 
and  to  keep  accounts  of  all  fuch  Ships  and  Ve/Tels,  with  the  Names  of 
the  Mafteis,  that  Lades  here  as  afortfaid,  and  return  an  account  twice 
every  year,  with  Copies  of  the  faid  Bonds  and  Certificates  unto  the  Go- 
vcmour  for  the  time  being,  by  him  to  be  tranfmitted  to  lufidoii,  diref^ed 
■to  the  chief  Officer  there. 


The  Oncers  appointed  are  as  fvlhweth  : 


Tbfi/Kjmc9 


For  the  Ports  of  Boflcn  mACharUtomn,  Vit.  fdwitrd  \a\vfon. 
fcr  Sakm,  Marhle-head  and  Ghcc/ler,  Mr.  Hilliard  Vcren. 
Fcr  the  River  of  Pafcatapia  and  Ife  of  ShtKiLs,  and   Peres  adjiicent, 
Cipcaio  'Brian  Pendleton. 


the  Pees  they  are  AnthotitSd  to  tal^e  of  every  ShipjM after,  are 

For  taking  Bond,  and  Tranfcribing  the  Copy  fvc  fhillinp. 

For  Receiving  ar^d  Entrmg  a  Certificate,  fwc  jhillmts  fx pence.  A.,J  fee? 

For  giving  Certificate,  and  Recording  it,  two  ^ilim^s  fix  pence. 

Their  part  0/  ff'z.n'"'-  as  the  faid  hCt  direiHeth. 


I  ' i  ^nd 


140  Shipping. 

„         I  —    II  -   I  111  1 1 1     II  ,1  ,^ ,  

And  chat  ail  imployed  in  this  truft,  do  from  time  to  time  make  rcrurn 
of  all  Bonds  and  Certificates  by  them  paffed  to  Mr.  'l{axvfo;j,  who  by  the 
Govcrnouis  Advice  (haU  make  return  thereof  for  England,  as  the  hCi  of 
M?f(tr5%c!'''°'  Paihamcnt  rcqiiireth  :  And  that  Mr  l{arffon  do  from  time  to  time  pie- 
fent  the  Council  of  this  Common  weal,  or  in  default  thereof  the  Court 
of  Affiflants,  with  true  Accounts  of  all  Bonds  and  Certificates,  and  Co- 
pics  of  all  Letters  that  he  (hall  fend  for  England,  in  aay  wife  referring 
10  this  matter. 

Moreover  it  is  Ordered  j  That  the  Secretary  take  fpecial  care  forthwith 
to  fend  by  the  firft  oportunity  four  Copies  of  the  Councils,  and  one  of 
the  Copies  of  the  AO:  of  Parliament  relating  thereunto,  to  the  four  Ge- 
neral Governments  of  Ncvt-England,  viz.  Phmouth^  ConmOicot^  Ntiv- 
HareHy  and  lijad  I/land.    ^^166^.'} 


Z'Z^Z'>X(ikti  R^  '•^  ^^^°  Enacled  by  the  Authority  of  this  Court;  That  no  Maflets  of 
&c  inilui'.,  or  -"^  ships,  or  Seamen,  having  their  Veffels  Riding  within  any  of  our  Har- 
'i'^"'^*  bours  in  this  JurifdiOion,  fhall  prefumc  to  Drink  Healths,  or  fufFer  any 

Healths  to  be  drunk  within  their  VcfTels  by  day  or  night,  or  to  fhcotoff 
any  Gun  after  the  Day-light  is  pafi-,  or  on  the  Sabbath  day,  on  penalty 
for  every  Health  twenty  fin llmgs,  and  for  every  Gun  fo  (hot  twenty  fi}il- 
lings. 

And  the  Captain  of  the  Ca(t!e  is  hereby  enjoyncd  to  give  QOdce  of  this 
Order  to  all  Ships  that  pafs  by  the  Caftlc.     \_i66^.'] 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof;   Thar  all  Ships 
and  VefTcIs  above  Txrmiy  Turn,  that  Trade  within  our  Ports  belonging 
Sh.pjof  fuidcn  to  Other  places;  or  that  the  greater  part  of  the  Owners  thereof,  arc  not 
]°ol7i  oVpoiv-   Inhabitants  of  this  jurifditftion,  fhall  pay  half  a   pound  of  Gun  powder, 
JcrsheTun        ^r  the  full  vakic  thereof  in  money,  for  every  Tun  of  Burthen  they  are  of, 
every  Voyage  they  make  hither,  towards  Provifions  for  Fublick   Fortifi- 
cations, which  is  to  be  paid  to  the  perfons  hcrea/ter  named,  or  to  whom 
they  fhall  Depute  under  their  hands. 

»For  the  Ports  of  Bojlon  and  Charls-tcxvn  Major  General  Zero ff. 
For  Sdlem  and  Marble-head,  Major  William  Hatiiireni. 
For  Pa^catac[ua  River,  Mr.  Richard  Cults. 
And  in  cafe  if  M.ifter  or  Gonimander  of  any  fitch  Ships  or  VcHcIs  fliall 
TCfufe  upon  Demand  to  pay  the  fame,  it  fliall  be   lawful  for  the  faid 
Gentlemen,  or  any  one  of  thcn\  to  fend  forth  their  VVatrants  to  any 
MarOial  or  CcnAable,  to  Diftrein  upon   the   Good-;  pf  fuch  Ma(ler  or 
Commander,  or  on  an^  of  the  Appvrtincncies  of  thc't  Vcfi'els  for  the 
fame,  with  the  charges  thereof;  And  the  Gcntlrmcn  appointed  as  aforc- 
faid,  Hiall  b.-  accountubie  to  the  General   Co'nr  when  called  thereunto, 
for  what  they  fl'all  receive  by  virtue  of  this  Order,  Jnd  are  to  deliver  the 
Powdfr  or  Money  they  have  in  their  Hands  once  every  year  or  oftcncr 
\into  the  Surveyor  General,  cxctpti:;g  one  Jhilling  out  of  every  tventyptl- 
Imp  they  fhall  receive:,  whi'  h  Tnall  be  allowed  thc;n  for  Dcftaying  their 
nece/Tary  charges  thereabout.    [_i667.^ 


spinning.  14-1 


TO  ■prevent  Cahimny,  Reproach  rifid  frejuSce  to  Ihii  Colony  and  the  In- 
habilanis^  and  I'rade  iherfof\  , 

It  is  Ordered ;  That  no  pcrfon  fhall  henceforth    Trade   or  Truck  with  fJ/JVcrbS^ 
any  VefTcl  that  ftiall  Arrive  upon  our  Coaft,  unril  the  fame  fhalt  come'bfforei>ip 
linder  command,  and  ride  in  our  ufual  Harbours,  and  have  acknov/led^cd  j|^'J;]^!2g«i''* 
ihe  Cjovernment  as  the   Law  provides,  upon  the  penakies  of  a!l  fuch 
Goods  Traded,  and  fuch  further  punishment  as  the  Court  of  AfTiftanls 
(hall  adjudge.     [[  i670.'\ 


S  T  1  N  N  I  N  O^ 


TH'ts  Court  taking  into  Jtrious  Confideratkn  ihe  pefent  flrei^hls  and ne. 
ccffrhes  of  the  Country,  in  rcfpeff  of  Cloaihin^,  which  is  not  hhe  to  he  j  jyp.n, 
fo  plentifully  fupphed  from  forreign  parts  as  in  times  pajl,  and  not  h'.min^  '  ' 
CM/  betlcr  vcny  or  means  cdnduceable  to  our  fubftjl<mce,  then  the  improving  of 
as  mani  hands  as  may  be  in  Spirming  Wool,  Cotton^  Flax,  &c. 

Doth  therefore  Order,  and  be  it  Ordered  "by  the  Authorir/  of  this  st\ifx  men  \o 
Court;  That  ail  hands  not  neceflarily  imployed  on  other  occafions,  as  Wo  '^!.i"'Mr>; 
tnen.  Girls  and  Boyes,  (hall  and  hereby  are  enjoyned  to  Spin  according  ly  i^"!')  ^pm 
to  their  skill  and  ability ;   and  that  the  Seleft   men  in  every  Town  do 
confider  the  condition  and  capacity  of  every  family,  and  accordingly  do 
affefs  them  at  one  or  more  Spinners ; 

ay^nd  becaufe  feveral  Families  are  necejfarily  imployed  ihe  greatefl  pad 
of  their  time  in  other  bufinefe,  yd  if  opforluniiies  were  attended,  fame  time 
tnijlhl  befpared,  at  leafl  by  fome  of  fheni  for  this  v^or^:^ 

The  !^id  Se]eO.  Men  fhall  therefore  Affefs  fuch  Families  at  half  and 
quarter  Spinners,  according  to  their  capacities. 

And  every  one  thus  aforefaid,  for  a  whole  6pinncr,  fliall  for  time  fo 
come,  6'pin  every  Year  for  thirty  \A'eek5,  three  pound  a  WeeJioflmnen, 
Cotton  or  Woollen,  and  fo  proportionably  for  half  and  quarter  Spirnop, 
under  the  penalty  of  twelve  pence  a  pound  ftiorr. 

Ard  the  Seleft  Men  Oiall  take  fpeoial  care  for  the  Bxecution  of  the 
Order,  which  may  eafily  be  cfre(ned  by  dividing  their  feveral  Towns  into 
,  '*">  /*'>  he,  &CC.  parts,  and  to  appoint  one  of  the  ten,  fix  or  fve,  &ic.  to 
take  an  account  of  their Divifions,  and  to  ccrtifie  the  Selefl  Men,  if  any 
be  defedive  in  what  they  are  Adefrcd,  who  (hall  improve  the  penalties 
impofed  on  fuch  as  are  negligent,  for  the  encouragement  of  thofe  thai  are 
diligent  in  this  wo/k,     C"^//-] 


K"  k  Sirayes^ 


Strayes. 
14a  -^ 


S  r  R  AT  E  S. 


1  d  ^  r  3  TT  Is  Orclercd  by  this  Court  and  the  Authonty  thereof;  Thatwlicfofver 
fo'^iyTnot^cHo  j  f]iall  take  up  any  Stray  Beaft,  or  finde  any  Goods  Joft,  wliereof  the 
ihtCcnii.  infry  Q^j^^r  J5  not  knov/n,  he  fhall  give  notice  thsreof  tc  the  Coaflabie  of  the 
fame  Town,  witlun  fix  dayc-s,  who  fhall  enter  the  fame  in  a  Book,  and 
tai<e  Order  that  it  be  cryed  r,t  their  r\ext  Ledure  or  General  To\ni  meet- 
ing, upon  three  fevcral  dayes^  Aiid  if  it  "be  above  iv)e;;ly  jl^illln^s  value, 
at'^the  next  Mar"ket  or  two  j)ext  Tov/no  publick  Meelings  where  no  Mar- 
ket is  >A'itbin  isn  mths,  upon  paia  that  the  party  fo  finding,  and  the  fai^ 
Conflable  having  fi'ch  notice  and  faihng  to  do  as  is  hei-e  appointed^  to 
forfeit  cither  of  them  for  fuch  dcfaqlt,  one  third  part  of  the  value  of 
fuch  Stray  or  loH  Goodf,? 

And  if  ihe  finder  (hall  not  give  notice  as  aforefaid,  within  one  Month, 
PMjtT  ncc'Ird  or  if  be  keep  it  more  then  three  Months  and  fliall.nol  apprize  it  by  in- 
lofi  goods  different  men,  and  alfo  Record  it  ■with  the  lRecor(;er  of  the  County  Coi/)t 
wlsere  it  is  fourxi,  he  fliall' then  forfeit  the  fu)|  value  Ihtveof: 
And  if  fhe  Owner  appeareth  within  ohe  Year  after  fuch  Pi»b!ication,he 
^""faTi^ii^e  ^^"  "^^^^  reftilution  of  the  fame,  or  the  value  tho'eof,  paying  all  neeef- 
^Jnerappeaf  igry  charges,  and  to  the  Conftable  for  his  care  and  pains,  as  one  of  the 
in  oyear  ^^^^  Magiftfatcs,  Of  the  tt>ree  CommiiHoDers  of  the  Tov/n  fhal!  adjudge, 

And  if  no  Owne?  appear  within  the  time  prefixed,  the  faid  Stray  or  loft 
Goods  fhall  te  to  she  ufe  of  the  finder,  paying  to  the  Conftable  ten  pit- 
Uh't's,  or  the  fifth  part  of  the  valoe  of  fuch  Stray  or  loft  Goods,  at  the 
findsrs  choice. 

And  it  is  Ordered^  Tbatevcry  fuch  finder  (ball  put  and  keep  from  time 
stiaybeaftio     ^jj^g  a  Wyth  o?  Wreath  aboat  the  neclcjof  every  fuch  Stray  J3eaft  \vith- 
v!>Lu&V'    in  oneMoneth  after  fuch  finding,  upori  perially  of  loofing  all  his  charges 
that  fl.ail  arife  about  it  afterVvards,  (^rov^ided  iTjat  r^o  perfon  0]a\\  from 
ihe  firft  of  Jpril  to  the  twentieth  of  Decemler,  take  up  ariy  Horfe  Gel- 
ding or  Mare  for  a  Stray,  or  account  or  ufe  tlicm  as  StraycP,  though,  ihe 
wSo'^tlking  Ovtn^t  thereof  te  not  knowh ;  unlefs  'it  be  taken  Pamage  feizant  m  in- 
av^jy  the  bcaft    clofores)  Provided  alfo,  that  if  any  Owner  or  other,  fliall  fake  off  fm-h 
urfyi  ih=<'a)ue  ^^^j^  ^^  Wreath,  or  take  away  fuch  BeafV  before  he  hath  difchargfed  ac- 
cording to  thi:, Order,  he  fhall  forfeit  the  full  value  of  the  thing"  (appii 
red  as  afore(uid)  to  the  ufe  of  the  ftnder.    T,  f  ^4-7-3 


AS  an  aAMilhn  and  Ixplaytathn  of  the  Law  tif.  Strayes;    This  Court 
.fnJtug  thai  feverd  tuco'ivemences  and  troubles  do  arife  about    Strayes^ 
Clicfltel  and  tjct^ts,^  8cz.  and  ihat  the  tempiation  may  he  too  ^reai  or.  fome 
Addil'oa  to  ihc  ysxjbm  in  remote  Towns   and  t'arms^  to  take  up   Chattel^  biC.^and.maks 
Lav/of  iTta'cs-  Q^^^ygg  J.J  jfjgffj^  jyg  .^luji  lenejU  redounding  to  themfd'Vesy 

This  Court  doth  Order  for  the  tlhie  to  come,  That  all  Strayce  fhall  fje 
ToVcryeJio  firfl .crycci  in  that  Town  of  which  they  have  the  -Brand-mark;  And  that 
"''lAUcvhave  a"  fu'^il  S'rrayes  and  other  loft  Goods  contained  in  the  faid  Law,  fhall  be 
tiie'traRd  tarK  entrc<3  with  the  County  Tlecorder  in  each  County,  and  by  him  transferred 

io 


Slra»£erS.  ja7 


to  the  Country  Treafurtf  within  one  Mcneth;  and  in  cafe  Ifie  faid   Goods  t.  v,  ,  .    . 
anci  Strayes  aie  not  owned  within  one  year^  as  is  therein   exprefTcd,   then   f'l'iiHe  «ftor. 
V.ie  one  half,  or  t)ie  value  of  one  half  fhall  be  to  the  ufe  of  the  Country,  ^"^'•'^  •iowi^ 
and  the  ofher  lull'  to  the  finder,  the  charges  being   firfl  paid  out  of  the'  wairiaDp 
whole      £/<!d<(.'2  oCri^inothc 


;»r 


S  T  R  J  7^G  E  \S. 


WHi^ta^  \vi  are  credibly  bifonned  that  great  mifcliefs  have  been  done 
lo  other  Plantations  by  rcafoi  of  Commanded,  SviilJiers,   and  other  -^•■^'•^•''•. 
Strangers- -^  To  prevent  the  lite  in  this  furifdiGion  ; 

It  is  Ordered  by  this  Cotirt  and  Authority  ftiereof,  That   hcriecrorth  ail 
Strangers  of  uhai:  quality  foever,  above  the  age  oi  fixian  years,  Arriving  sx<i<\%'i«  AriJ. 
in  any  Ports  or  Parts  of  this  Jurifdi<nion,  io  any  Ship  or  Vcflei,  fhall  im-  ■'^•^i^°^' 
mediately  be  brought  before  the  Govemour,  Peputy  Governour,  or   tv/o  fh^'c««/nouj 
other  Magiftrates,  by  the  MaDer  or  Male  of  the  faid  Ship  or  V'edel/upon 
penally  of  Ixvtnty  poundi  for  default  thereof,  there  lo  give   an  account  of 
their  occafions  and  bufmcfs  in  Ihiti  Country,  whereby  la  ti^  fa  (ft  ion  rr^ay  be 
given,  and  Order  taken  with  fuch  Strangers  as  the  faid  Goverr\our,  .De- 
|)uty   Governour,    two   Magtftrotes,  or  flie  next  County   Court    fhall 
fee  meet,  who  fhall  keep  a  Record  of  the  Names  and  Qualities  of  all  fuch 
Strafifiers,  to  be  relurned  to  the  next  General  Court. 
nAndfor  the  TuMtcaf tons  of  this  Order -^ 

It  IS  Or(^crf(!,  tlie  fame  b  be  Ported  upon  the  Doors  or  Polls    of  the  cunlcriiif  c« 
Meeting' iioirfcs  and  other  publick  places  in  all  the  I'ort  Towns  of  this  oit'*  ij'"  no- 

.lorirdiaion.  U.  of  (his    Or. 

And  the  Captain  of  the  Caftlc  fhall  make  known  this  Order  to  cveiy 
Ship  or  Veffel  as  i!  pafTcth  by,  and  flie  ConOable  of  cVery  Tort  Town 
flwil  endeavour  to  do  the  like  lo  fuch  Ships  or  Veffels  before  they  Lattd 
thtir  Prt!fe(ij;erK.      \^i6ji.~] 

Ami  if  any  Strangers,  or  People  of  other   Nations,  profcHing  the  true  L.rp.tJ. 
ChriRian  lleligion,  fliall  fly  to  us  from  the  Tyrany  or  Oppreffion  of  (heir 
"Perffcutors,  or  from  Famine,  Wars  or  the  like  neceifary  and  compulfory  fu'ccoSV/d'*" 
Caufe,  they  fiiall  be  entertained  and   fuccoured  amongft  us  according  tu 
that  p.-'wer  and  prudence  God  fliall  give  us.      (]  id^-i-'] 

Kvery  perfon  within  this  junfdMilion,  whcthtrr  Jnhabitant   or  Stranger, 
flijill  enjoy  the  iV.me  Law  ana  Juflicc  that  is    general  for  Ihi,,-  jL'iifdi(ftion,  L.s.f  ^t. 
v/htch  we  conDiiutc  and  execute  one  towards  another  in  all  C7^k&   proper 
to  our  cognizance,  without  partiality  or  delay.      [  16-^1.'] 

No  Town  or  peiTon  fliall  receive  any  »Stranger  Heforting'  hither   with  ^, 
intent  to  Kelide  m  this  JuiifdKftion,  nor  fhall   allow   any  Lot  or   Habifa-  hl/c1.*,lji/a- 


lion  lo  any,  or  entertain  any  fuch  above  three  Weeks,  except  fuch  per- 
fon fhafi  have  allowance  under  the  hand  of  forne  one  Magiftr^le,  upon 
pv'nof  every  Town  ibar  (ball  give  or  fell  any  io»  or  JHatilation  lo  ar\y 
Tiot  (0  ficeofed  fuch  fine  to  the  Country  as  the  Countv  Court  fljall  im 
pofe,  not  exceed ii\g  ftjiy  founds,  nor  Icfs  then  tt-n  founds-  And  of  every 
ptffon  r<;ceiving-  any  fuch  for  longer  time  then  u  hereby  allowed,  cxcc)  I 

R  k  a  in. 


A(ce 


344  Sureties.     Swearing. 


in  cafe  of  entertainment  of  friends  refortirg  from  other  parts  of  this 
No  Town  or  per  Country  in  amity  with  us,  to  forfeit  as  aforefaid,  not  excced'ne  tiventv 
ftrangrrs  wth.  punds,  nor  Icfs  thtn  four  pou»ds  -^  and  for  every  Monefh  after  fo  offending 
o-jtajiovvanca     ^^all  forfeit  3$  aforcfaid,  not  exceeding  ten  pounds^  nor  lefs  then  forty  Jhil' 

lings. 

And  every  Conftable  fhall  inform  the  Courts  of  all  new  comers,  which 
Finable  they  know  to  be  admitted  without  Licenfe  from  time  to  time.     [  /^Jj/, 

SS,  47-  J 


Sureties  and  Goods  Attachsd. 


Upon  hfortnation  cffor/te  inconvemertcies  accruing  to  feveral  ferfcnsy  lit 
that  men  tak^  thcmfelves  acquitted  md  free  from  all  'e^al  chjervationS 
in  cafe  of  appearance  in  Courts^  according  to  the  escprefs  tearms  of  the  "Bcnd^ 
or  at  mofl  if  the  'Principal  there  fay  till  Vcrdt^  and  judgement  he  given 
(  vihich  if  they  be  )  they  may  then  make  away  their  EJlaies,  or   abfent  their 
^crfons  before  the  trpefve   hours  be  expired  for  granting   Execution,  whereby 
the  -party  recovering  may  either  be  deprived  of^  or  much  damaged  in  his  juji 
Eights  j 
Nocdifchargtid        It  is  thcfcfore  Ordered  by  this  Court  and  the  Authority  thereof;  Thac 
i^ilS'"'     henceforth  all  Goods  Attached  upon  any  A^Ion,  (hall  not  be  releafed 
upon  the  appearance  of  the  patty,  or  Judgement  given,  but  fhall  ftand 
engaged  until  the  judgement,   or  the  Execution  granted    upon  the  faid 
Judgement  be  difcharged  : 

Nor  fhail  any  Suray  or  Stireties  for  appearance  in  any  Court,  except 

in  Capita!  or  Criminal  Cafes,  be  releafed  from  his  or  their  Bond  until  the 

Execution  as  aforefaid  be  difcharged..and  fatisfied,  <rr  the  Principal  Perfon 

ji'vtrtd't'oihe  '^  be  furrendred  into  the  hands  of  the    Maifhal  or  his    Deputy,  who  fhall 

MarOiai  fecurc  him  till  the  Judgement  be  difcharged,  any  Law,  Cuftomeorllfage 

to  the  Contrary  notwitbftanding. 

Provided  alwaycs.  That  henceforth  in  all  Civil  proceedings  (except  in 
Goods  &pcrron5  cafes  where  the  Defendant  is  a  Sttanger )  where  Execution  is  not  taken 
Attached  one  out  and  Executcd  withiu  one  Moncth  after  that  Judgement  is  granted, 
judgemeii"re>  all  fuch  Attachments,  whether  on  perfons  or  Eftatcs,  with  Sureties,  fhall 
leafed  te  releafed  and  void  in  Law;  any  Law,  Ufage  or  Cuflome  to  thccontraiy 

notv/ithftanding :  unlefs  the  Court  that  grant?d  the  judgement  fhall  fee 
caufe  to  give  further  tixne^  and  rcfpit  of  Execution  in  any  particular  cafe. 


Smaring  and  Curfing. 

IT  is  Ordered  by  this  Court  and  Authority  thereof;  That  if  any  perfon 
within  this  Jurifdiaton,  fhall  Swear  lafhly  or  vainly  by  the  Holy  Name 


of 


Swinc.  '4J 

of  Gort,  or  other  Oath,  he  thall  forfeit  to  the  Common  Tfeifury  for  eve-  s«£s>,og  ,c  t. 

ry  fuch  offence  fen  fnillm^j;  and  it  Omll  be  in  the  power  of  any  Magi- 

ftratc,  by  vMrr9r>k  to  the  Conflebl?,  to  er.ll  fuch  pcrfon  before  T)im,  and 

opon  fuflicient  proof  lo  fentense  fuch  offinder,  and  to  give  Ordertoiezvie  ^^,,n„(,gji^ 

ihe  Tint;  andifr-ochperfonlienotcble,  orfhall  refufe  to  pay  the  faid  fine, 

he  fhall  be  commnied  to  the  Stock<?,  there  to  continue  not  exceeding 

three  hourt,  nor  lefs  fhen  one  hour. 

a.    And  if  any  perfoti  fhaK  fwenr  more  Oaths  then  one  at  a  time,   L/^-P^'^- 
before  he  remove  oti:  of  the  Room  or  Company  where  he  fo  Swears,  he  ^orc  oMh^ 
(hall  then  pay  twenty  jhilimgj.  then  cnfio  u 

The  like  penalty  fhali  "be  infli(f>ed  for  Prophanc  and  Wicked  Curfmg 
of  any  Terfon  or  Creature,  and  for  the  multiplying  the  fame,  ar:  is  ap- 
pointed for  prophanc  Swearing-,  and  in  cafe  any  perfon  fo  ofiVnding,  by 
multiplym^  Oaths  or  Curfmg,  fhall  not  pay  "hJs  or  their  fines'  forthwilh,  ,j^pp,-g,!„  r„f 
thev  fhall  be  whipt  or  committed  fo  Prifon  tiil  they  ft|all  pay  the  fame,  cCr.ig 
at  fhe  difcretion  of  the  Coun  or  M&gi.lrate  that  fhall  have  cognizance 
ihereof. 


S.W  I  N  e. 


IT  is  Ordered  by  this  Court  and  the  Authority  thereof;    That  every   jjcSt  m^n  in 
Town  fhip  within  this  Jurifdiaion,  or  the  Sele^-mcn  thereof,   are  im--  *\Vvn°l^'^s*'' 
powred  r.nd  hereby  required  from  time  to  time,  to  mr.kc  Orders  for  pre    ty  5wirr 
venting  all  harms  by  Swinc,  in  Corn,  Mtr.dows,  Paftures  and  Gardens, 
as  alfo  all  danger  to  Children  or  elder  perfons  in  any  refpcfls  by  Swine, 
and  to  impofe  penalties  according-  to  their  beft  difcretion,  ?,nd  to  appoint 
one    of   their    inhabitants,    by    Warrant    under    the  hands  of  the  Sc- 
le^ft-ttien ,    or  the    Conftabic  wlitre  no  Sele<;t-men   arc,   to  Icavic  fuch 
finer  .ind  penalties;  and  if  any   perfon   cbofcn   to   fee  the  Execution  of   yi.iSjS. 
this  Order,  fhall  ntglert  or  rcfufc  the  fame,  he  fhnll  forfeit   five  founds, 
the  one  hilf  to  the  To^vn,  the  other  half  to  the  party  that  accepts  the 
place,  and  perfornns  his  duty  therein. 

1    eAtiil  where  Town:  JScrdcr  ench  it^ou  othey,  whofe  OritYS  it  may  he 
4)re  r/arious-^ 

SatisfaOion  fhall  be  made  for  harms  done  by  Swine,  accordmg  to  the  ^^^^^ 

Orders  of  the  Town  wliere  the  damage  is  dor.j.  piT/c'o^a.Qg 

But  if  the  Swine  be  Hinged  and  YoaLcJ,  or  otherwife,  as  the  Orders  '/J,'^^^°*'','t'is 
of  the  Town  to  which  they  belong,  doth  requ..  e,  then  where  no  Fence  is,   aone 
or  that  it  be  infufficienr,  through  which  the  fiwine  come  to  Trefpafs,  ti\e 
Owner  of  the  Land  or  Peace  (nail  bear  all  damages. 

And  it  is  hereby   Declared-,  Thot  all  fences  made  of  Stone,  Pales. 
Rails,  Rivers,  Creeks,  or  any  other  Fences  which  arc  allowed  (by  fuch  TJ^^""" 
men  as  are  appointed  in  the  feveral  Towns  to  view  Fences)  to   be  fulTl. 
cleat  agai'nft  great  Cattle,  (hall  be  held  and  accounted  fuf&cfcnt  ti^\n(t  ji.ji.]^.^ 

L  I  \)wine 


1-1  <J 


Tile-Earih.     Tooatco. 


Swine   and  a!l  Swine  breaking  through  fuch  Fences,  .(hall  be  liable  to 
r«rc«  fufficicni   j^aj^e'r.tisj-aaiou  lot  all  Damage*  done. 

3.  And  if  any  Swine  be  Impounded  for  Dainagfe  done,  and  there  be 
Noowncrisp.  •    kept  three  dayco,    and  ihat  no  pcrfon^  will  own  Oicm,  then  the  party 
ri""^^"^"*      Damnified  fhall  give  noJlce  to  the  two  next  Towns  (.where  any  arewtlhi- 
**  '^'   ^  in  five  miles  Compass}  that  Inch  5wine  arc  to  be   foid  by  aa  Outcry, 

within  three  dayes  after  fuch  notice  by  the  party  Damnified-,  ani  in  cafe 
none  will  buy,  he  fhall  caufe  them  fo  be  Appifzed  by  two  indifferent 
men  (one  whereof  fhall  be  the  Conftable  or  one  chofen  by  him)  figni- 
ficd  under  their  hands  in  Wnl'og  and  may  keep  them  for  his  own  ufe^ 
And  in  both  cafes,  if  the  Ovncr  fhall  after  apppar,  the  overplus  accor- 
ding fo  the  faid  valuation  {a!!  Damages  and  C'largea  being  paid)  (hall 
forthwith  "be  rcndrcd  to  him. 

And  if  any  lown  or  5eledt  men  (hail  ofgled  to  take  Orcer  for  pre- 
venting harms  by  wme  according  to  rh/s  Law,  more  then  out  J[{o»eih 
after  publication  "hereof,  fuch  Town  of  6de<ft  men  fhall  forfeit  to  the 
Treafury  forty  Jhtlltn^fiot  every  Monelh  fo  negieding.    £  1647,  //,  ss.2 


'X  I  L  E'E  J  Rr  H. 


IT  is  Ordered  by  HjJs  Court-,  Thai  ql!  Tile  Earth  to  jf^ake  Safe  Ware, 
(hall  be  Diggod  before  the  f.r^  cf  thf  ti'mO>  Afnm-lh.,  j,nd  turned  over 
in  the  \afi  and  flrjl  M<Jnelh  en  ucing,  «  Move'.h  'before  a  be  Wnu^i,  upcu 
pain  of  lor  einng  one  ha|f  part  0^  all  ftich  Tiles  as  (hall  be  oJberwiftf 
made,  to  the  ufc  of  the  Common  Treafury.     \^i64^-^ 


r  o  m  A  c  c  o> 


IT  is  Ordered  by  this  Court;  That  no  man  f})al|  lak:e  any  Tobacco 
Within  twenty*  Poles  of  cny  Houfe,  or  fo  qear"  asmay  mdangcr  Ihefame, 
or  near  any  Barn,  Corn,  or  Hay  cock,  as  may  occafion  the  finng  thereof, 
upon-pam  of  ten  fKttHin^s  for  every  fuch  offence,  befides  full  Tj^ecomperjce 
of  all  Damages  -done  l>y  menns  thereof; 

Nor  fFjall  aay  take  Tobacco  in  any  ^nnc  or  conimon  V  cfiual  Houfe, 
except  in  a  private  Room  there,  fo  ns^  r^eilher  the  Mafter  of  the  fa'd 
Houfe,  nor  any  other  Gueft  there  Ifiall  toke  offence  thei^at,  wFiic'n  if  any 
do,  Ihen  fuch  perfon  fha'l  forthv.'ilh  fobear,  upon  pain  o[  two  jhtlhrfi  fx 
pence  for  every  fuch  offence.  And  all  fines  incurred  by  thi'jXaw,  the 

one  "half  part  (tiall  be  to  the  ((rformerj  the  oihci  to  the  Poor  of  the  Town 
where  the  offence  is  done.     C'^i*,  47  2 


'Iollin£  of  Cattle.     Tov/n-pi't^i.  147 


7'olling  cf  Cattle. 


FOr  the  prevention  of  Felhnious  jraflifes  ^rovnn^  upon  us^  ]ry  Sfealing  of 
Jiuife-l^inde,  and  ether  Neat  Cattle^  ana  felling  them  as  then  own  ^ 
It  is  Ordered  by  tins  Court  and  the  Authority  thereof,  That  there  fhall 
be  a  Toll  Uook  kept  in  every  Town  by  the  Clerk  of  the  V»/ritts,  where- 
in all  Horfe-kincle,  and  other  Cafttc  as  aforeTwid,  bought  of  any  pcrfon, 
fhall  be  Eiilr^\%  wuh  the-r  Age,  Colour  and  Marks,  at  the  peril  of  the 
Buyer,  -with  the  Name  of  the  Seller;  and  fuch  Seller  (liall  have  two  vou- 
chers to  Teftifie  the  faid  Seller  to  be  the  proper  Owner  of  fuch  Horfe- 
kinJe  or  other  Cattle  fo  fold  j  or  in  cafe  of  Horfe-kiode  or  CatUe  fofold, 
fhall  be  cbalienged  by  any  other  pcrfon,  the  Vouchers  in  caTe  of  the 
elcape  of  the  Seller,  fliall  be  liable  to  all  damages  that  fhaU  arife  there- 
upon: And  the  Clerk  of  the  >A^ritt3  (bail  have  three  pe^ice  of  thi.  Buyer, 
for  entring  every  fueh  llorre-kindf,  or  Meat  Cattle;  And  if  any  Horie- 
kinde,  or  other  Cattle  as  afcrcfaid,  fo  bought  by  any  pcrfon  be  not  Toll  d, 
nor  Sellers,  nor  Vouchers  found,  upon  challenge  of  any  fuch  Cattle,  the 
faid  Buyer  (hall  be  liable  to  all  Damages,  a.s  the  Felon  himfelf  I'hould  be 
were  he  prefcn:;  And  any  peilon  or  perfons  having  lolt  any  Horfe  kmdc, 
or  other  Aich  Cattle,  fliail  have  free  libeity  to  fearch  any  Toll  Book  in 
any  Town,  in  any  fuch  cafe.     [^  i66».'^ 


row  N-S  H  I  p. 

^/\Tt-^creas  pirlkuiar  Yorvnt   have  many  fhtngs    vphi^h  concern  ofisly 
V  ihemfdves  and  the  Ordering  their  own  ejfa'ns,  and  diff^ftn^ofhupnefs  ^■^i-^"' 
in  their  own  Town ; 

It  IS  therefore  Ordered,   That  the  Freemen  cf  every   Town,  with  fuch 
others  as  arc  allowed,  or  ibe  major  part  of  them,  fliall  have  power  to  rowj;  (»*"  lo 
difpofe  of  their  own  Lands  and  Woods,  with  all  the  Pri/iledges  and  Ap-  «!ifpef« «-«nat 
purtenancea  of  the  faid  Tov/r.s,to  grant  Lots,  and  aifo  to  chufc  their  own 
particular  Officers,  asConriables,Surveyorii  for  the  High  -A'ayes,  and  the  like 
An^Li'dlly,  or  olhcrv/ifc  as  need  retjuires;  ArJto  make  fuch  Laws  and  Con-  ci|os(c  offKcrs 
Rttiilions  as  may  concern  the  welfare  of  iLeir  Town;   FrovMed  they  Ije 
nor  of  a  Criminal,  tut  of  a  Prudential  nature,  and  that  their  penalties  ex- 
ceed not  twenty  fhnings  for  one  offence,  and  that  they  be  not  Repugnant 
to  the  publick  JLaw«  and  Orders  of  the  Country.  Tonakc  Oid.ts 

And  if  any  Inhabitant  (hall  negicifl  or  rcfjfe  to  obfcrvc  them, th:y  fhall 
have  power  to  Icavie  the  appointed  penalty  "by  plftrefs. 

And  if  any  m,j;i  fliatl  behave  h.mfclf  offenfively  at  any  TO'vn-mceting, 
the  reft  then  prefenl  (ItqII  have  power  to  Seriience  him  for  fuch  offenee, 
fo  ai'  the  penalty  exceed  not  tvaenty  fhiOm£S. 

L  1  2  2..  Aill 


7-^8 


Town-Jhip!. 


2.  And  every  Town  fhip  hath  power  to  chufc  yearly,  or  for  leTs  n'mc, 
a  ccnvehient  number  of  fit  men  to  order  tlic  planting,  and  prudential  Af- 
fairs of  th.cii  Towns,  accorJing  to  inftrud^ion  given  them  in  Wririnj^, 
■Tociioorc  Si-  Provided  nothing  be  done  by  them  contrary  to  the  Laws  and  Orders  of 
the  Country,  Provided  alfo  that  the  number  of  the  Sele<n-mcn  be  not  a- 
bovc  nine. 


leit  aca 


Toiurpofe  of  ^    y^nd  all  Towns  fliall  take  C3re  from  tiire  to  time,  to  Ornrr  ana 

fin£ic  ijct  uns  j^^fp^i^  ail  f\ng!e  pctfons  and  in  mates  within  their  Towns,  to  fcrvicc  or 
otlierwifc,  and  if  any  be  grieved  at  fuch  Order  or  Dil'pofal,  they  have  li- 
berty to  Appeal  to  the  next  County  Court. 

^   jj^  ^.  And  it  is  hereby  Ordered  and  Enaded;  That  ail  Eng!ifh-ircn,that 

are  lettlcd  Inhabitants  and  Houfc-holdcts  in  any  Town,  of  the  age  of 
inenty  four  years,  and  of  honc.1  and  good  Converfations,  being  Rated  at 
ei^hij  \iLundi  Eftate  in  a  Ongle  Country  Rate,  and  that  have  taken  the 
[tSyo.  Oath  of  Fidelity  to  this  Government,  and  no  other  (  except  Fiecmcn) 
may  be  chofen  Scled  men.  Jurors  or  Confiab!es,  and  have  their  Vote  in 
the  choice  oi  "the  Seledit  men,  for  the  Town  Affaires,  AfTersments  of  Rates 
and  otheT  Piudcntials  proper  to  the  Town;  Provided  alwayes  the  major 
part  ol  the  companies  of  Scle<flmen  be  Freemen  from  time  to  time,  that 
Ihall  make  a  valid  A€t,  as  alfo  where  no  Stlcdl  men  are,  to  have  their 
Vote  in  ordering   Schools,  Hcaiding   of  Cattle,  laying  out  Fiigh  waycs, 

Z^i^ZV  ^'°"  and  Difltibming  Lands ^  Ai.y  Law,  Ufc  or  Cuftcme  to  the  ccntrary  not- 
withftanding. 


]T  is  Ordered  j  That  in  Head  of  the  fum  c^  ivieriiy  founds  in  the  4.  Sc(n-. 
tit.  Tcwnjl.ips,  it  Oiall  be  mccited  inftead  thereof  eighty  pounds-,  Provi- 
ded this  change  of  that  fum  be  not  interpreted  to  exclude  any  pcrfon  from 
the  privilcdge  granted  him  formerly  m  that  Lav/.        [  tdyo.'] 


5    whereas  Complawts  have  leer,  wade,  that  nictny  (efpeciftlly  in  Bo- 
/^. /_,./. /^.    fton  j  roho  are  meet  and  ft  to  ferve  the  Couvny  in  the  Office  <f  Ci,rfai\c^ 
take  hjccurogemeijt  to  vinhdraw  frOni  that  ferz'ice  by  rcahn  0}   the  jmalni-js 
vj  the  fmts  that  Tonus  have  fewer  to  impofe  for  fiieh  icfufal-^ 

It  is  therefore  Ordeied,  That  henceforth  it  fliall  be  lawful  for  the  Town 

of  Bofion,  to  impoie  the  fine  of  ten  pounds  j  and  for  all  other  Towns,  to 

impofe  the  fine  oi  five  pcmids  upon  every  fuch  pcrfon  (being  legally  cho- 

■powettofine        fcn  in  thc  rcfpeClive  loth/nz')  ihat  fhall  lefufe  to  fcrvc  in  tJic   Office  of  a 

ruchiwciui.-       Conftabic  in  the  Toxvn  vhcie  he  is  chofen,  if  in  l-is  pcrlcn  he  be   able  to 

<hcO;Gccof  .  '  * 

coDftiWe  execute  it: 

And  the  Seleil-rocn  of  every  Town  arc  httfcy  impowred  10  Order 
and  Require  the  Corftables  to  Icavie  the  faid  fines  by  Diftrcfi,  which 
fhall  be  to  thc  ufe  of  the  Town.     [  j^',  ■li;^7-,S3-;Ji  j 


a 


Town-Jlifii.  149 


rr  is  Orderf^;  That  herealter  no  CottJge  or  .Dwelling  place  ffiallbead-  ^.^^^^j    -,^ 
iriitted  to  the  pnviiedge  of  Commonage  for  Wood,   Timber   and  Her.  ^.u?^ 
bage,  or  any  ot'her  the  i^rivilcdgos  that- lye  in  Common  m  any  Town  or 
"Peculiar,  bur  Tvich  as  already  are  in  being,  or  hereafter  ihall  be  ^tcCiel 
"by  the  confent  of  the  Town.     [  iStcJ 

IT  is  Ordered  by  Ms  Court  and  the  Authority  hereof,  That  die  follow- 
ing Of^er  fhaJI  be  direded  and  fcht  by  the  Chrks  of  the  rc-vcralSfure 
Court-^,  to  the  Conftables  of  the  Towns  within  their  Shire,  who  are  en- 
joy ne<l  faitVifully  to  execotc  the  fatne^  and  if  upon  the  Ketim  maie,  ii 
3oth  appear  that  the  5cle(ft  men  arc  negligent  in  exccutiDg  the  Laws 
tV'f'n  inentioried  ;  the.  Court  (hall  proceed  againft  them  by  Admonitioa, 
or  fine,  as  the  nient  of  the  cafe  may  require,  and  (hall  alfo  diTpofe  of 
fingle  pcrhns.  or  ftubboro  Children  or  -Servants  to  the  HotiFc  of  Coire- 
^ion,  according  to  the  intent  of  the  Law,  any  Law,  Gnftome  or  UCagc 
to  the  cofjtrary  notwifhftandin^. 


I'o  the  Conpabte  of 


*yi.* 


WlJereaf  the  Lci\':i  puhhjliid  by  the  Homurtd  Central CoUfi,\\\).  r.  paga 
76    fcft  3     do  require  all  Towns  ftvm  time  tolh^n^todifliojecfa/lfu- 
^le  ftrfons  and  mmalavuhw  ihcir  'fowm  to  prvice^  or  clhervitje-,  and  ia 
pag.   »6.  tit.  Ct|ildrei)  and  youth  \ 

It  ii  rt-qujred  of  the  SeleC-men,  that  they  fee  that  ail  Children  and 
Yofrh,  under  Family  Government,  be  taught  to  read  perfe<!i1)y  the  Enghfh 
Tongu.e,  have  knowledge  in  the  Capital  L^wsj.  and  be  Ici/ghtifome  Or; 
ihodox  Catechifm,  and  that  Ihe^  te  brought  up  to  fome  hcncR  imploy- 
ment,  profitable  (o  themrelves  and  the  Common  wealth ;  and  in  cafe  of 
negled  on  the  part  of  the.  Family  Govcrnours,  after  Admonition  given 
them,  the  faid  vScleAtnen  are  required,  with  the  help  of  two  Magiltrates, 
or  neifc  Comt  of  that  Shire, ^to  taJ<c  fuch  Children  or  Apprcntifcs  from 
them,  and  place  them  forth,  with  fuch  as  will  look  n\oxt  tlraitly  to 
them. 

'{"he  ne^lfO  whereof,  as  hy  fad  expfricncf  from  Court  fo  Court  abundantly 
appears,  dnlh.  ortafion  milch  fin  a»d  pro^hanffs  to  mcrtaff  among  us,  to 
the  difhortour  of  Cod,  and  ihn  enfnnring  of  mPnj  Qhildren.atid  Se'^Chfs,  by 
the  diffohde  liiw  a/id  paclifes  of  fuch  as  do  lire  from  I'.nder  Tanul^  qo- 
remmrnt,  nnd  is  &  ^real  dtfccuragmnenl  io  ihofe  Tery\ily  Govtrmurs,  who 
ccnfcieoliottpy  (tidcavoar  to  Iring  up  their  Tout))  n:  nil  Chrtfiian  tiurlure^  at 
the  Laws  of  God  and  this  Cummori  wealth  ioih  re^,m('. 


THefe  ere  therefore  m  His  tJlfirjeflies  Name,  to  require  jfcu  to  (jci^udtnt 
the  Select  men,  of  yot'.r  Tow't,  thnt  tie  Court  dolh  ejifed  and,  miH  re- 
quire, ihit  the  Jaid  LdVfS  be  iueofdw/lj  attended,  the  frrevn'.e^  ov  of  tbn  for' 
Wfi-  ytfgiefl  noUvithJJandiHg:     jind  ioit  are  alfo  required  (c  laks  "   Uj^-  of 

M  m.  the. 


ISO 


Trcafiirers, 


the  "Names  of  ihcfi  iovng  ferfom  wiihin  the  Sounds  of  four  Torvn^  and  all 
idjacent  Vatrm  though  out  ef  all  'fcvin  'Scv.rti:.  wb  do  ihe  frcm  under  Fa- 
mily Government  ^ViZ.  So  Tiol  ftrve  fhetr  VaTsfth  or  Mfljfert,  (tsCMdreny 
^f^renttccs,  Hired' Servanis^  of  ^urneymen  cu£ht  to  do,  and  ufually  aid 
in  our  JJnttHe  Country,  Icing  fubjcft  to  tdeir  CorT}^rH!>ids  and  DifcfpHne^ 
and  the  fame  you  art  to  return  to  ihe  next  Cbtirt  to  he  held  d  on 

ihc  day  of  and  hereof  you  are  to  make  a  true  RduTK  under 

your  hand,  and  vof  lo  fcjle. 


VV, 


rHere/K  in  thB  Law  tit.  Town -f^ipi,  The  feveral  Towni,  and  SekS-~ 
.  ,  ntcn  of  tfje  jaid  T'ovms^  la^e  power  to  impofe  Penalices  as  ihe  Znw 
dhe/fsy  ty4»d  whereat  many  Confiahks  queflion  v?het'hcT  rl  be  Hietr  Duty 
to  fer^e  iVrif rants  froM  the  Seled-men  for  Pcrfiys  to  appear  hefore  them,  and 
io  (eavte  pncs:  Tor  the  removal  of  filch  Douhts-j  as  an  Jddilm  to  tit e  f aid, 
iMwy 

This  Cotirt  doth  OiHer  and  Require;  That  all  Conftables  Tefpc(fiivcly, 
{hall  fcrv'e  all  VVarranb  from  the  Sele<il  men,  and  Icavie  all  fuch  fines  as 
fhill  be  impofcd  by  the  faid  Town  or  Seledl  men.    \_  i6rt.  ] 


TREASVJiXRS. 


to  kvvp  pe,r,,s  "rT  is  Orderecl  by  thh  Court  and  the  Authority  thereof;   That  the  Coun 
Acc^n-i'ts  I  ^^^,  •jTeafcirer  (hall  from  time  lo  tiinc  keep  cXft<\  and  perfe(ft  Books  of 

Accompts,  of  all  Tranradlions  for  the  <]oualry,  and  particularly  of  all 
"Debts  and  Dues  belonging  to  ^he  Coiindy,  .either  "by  Forfeits,  Fines, 
bow  lo  disbufte  Tlates,  Glft5>  Legacies,  "Rents,  Cuftomv,  In  politioos  or  othei'wifej  as  by 
Whales,  So'p  wracks,  and  'bing^  of  like  nature,  wheve  the  OsvTier  "is  not 
known,  and  tfie  Country  fnay  elsfm  a  Privilec/g'«  or  Common  KighiuVito, 
as  alfo  of  all  his  paynients  aod  difburfemenls  for  the  Coimtnesiile,  vjhicTi 
he  fhall  not  ma"ke  but  by  virtue  of  fomc  fetHed  Cuflome,  Law  or  Order 
of  tTiis  Court,  or  by  fpccia!  Order  of  tfiis  Court,  or  of  the  Council,  nor 
fhall  he  make  any  Paytnent  to  any  perfon  Indebted  to  the  Country  till 
fuch  perfon  eitlier  pay  his  Debt,  or  defaullt  fo  much  as  is  due  lo  Ihe 
Country 

.  2.   And  it  Is  further  Ordered  ;  That  hejiceforth  thero  fhati  be   Treaft;- 

^.f4-p-2-  ^gyg  Annually  cliofen  in  every  County  "by  the  Freemen  thereot",  who  ihall 
caim\j  Ti<;,ini.  give  in  their  Votes  jn  ench  Town,  on  t?ie  day  of  Voting  for  >Jomination 
.^r,  IiotjcWen  ^f  j/iggiftratcs,  whJch  fhall  be  rent  fcaled  up  by  the  fame  perfon  to  the 
Shire-meeting,  and  there  openei!  before  the  Commiffioners,  who  (had  cer- 
tifie  the  County  Courts  un^?r  their  han3.9,  the  hJameof  the  perfon  chofen, 
Uocierkof  Provided  no  Clerk  or  Recortrec  of  any  County  Court  (hail  be  chofen 
ccurf  tobe         'freafurer  for  the  County. 

«a  urer  ^^^^  the  faid  Treafurcrs,  fhall   fjom  fime  to  time,    keep    exaci    and 

j)errett  Book  of  Accompts  of  all  Traiifadiotjs  of  the  Coumj,  and  parti- 

culsrly 


hi 


Tn!*fureri.  i^l 

cularly  of  ail  Debts  and  Dues  belonging  to  Che  County,  timer  by  For- 
feits, Fihe6j  Rat-^,  Guiffs,  Legacies,  "Rents,  Culiornes  oi  cthi-rwjfe,  as 
aifo  all  his  Dirbiirfemtnls  for  the  Charges  of  the  Counly  Courts, 'Shire 
CoiJuiiKuoners,  with  all' other  pecvili«rc>jarges  of  Ihe  County  u-hich  he  Ai^H  Jf^P-)^', 
pay  by  Order  of  the  County  Court,  except  the  Iwenljf  poufidt  due  to  the  Ma-  coi^fy " 
)f)r  of  the  Regiment,  for  the  year  0/  pubhck  exercik,  which  i^ifilJ  be  paid 
by  the  Country  Trearui  cr  as  heretofore. 

7,.  And  it  is  Ordered ;  "Diat  all  fines  artfmg  in  any  County  Court,  or 
by  Orcier  of  one  Magillrate  or  Commiflioncrs  impowred  in  Criminal  Cs.-  f>^-f9. 
fes,  liiaH  ffom  time  to  time  be  paid  in  to  the  Trcafnrer  of  ifhat  County 
whrre  the  Delinquent  party  doth  dwell,  except  only  wlicre  any   perfon   \'r\l^c^"r.\i'^ 
(hall  be  taken  in  the  manner,  anri  immrdiateiy  confured  by   Authority  in*  **"*''*^* '■'""' 
any  other  County  where  fuch  offence  is  committed.  '' 

4..  It  is  Ordered;  That  the  Secretary  of  the  General  Court  and  Court  cierk.of  courts 
of  Afliftants,  and  the  Clerk  or    Recorder  of.  every    County    Court,  (hnll  *oic»cp  Ac- 
keep  Uook^  of  Aecompt.  of  all  Dues  arifmg  within  !hc  cog^nizance  of  I  he  *^"*'' 
refpeOive  Courts,  "by  Entry  of  Afticne,  Fines    or  otherwiTe;  as  alfo  a 
true  accoont  of  the  Fees  of  the  Officers  and  other  charges  of  f"he  Cctirt 
•which  belongs  to  the  rcfpeftive  Treafarers  tofafisfic;   and  vvilhm  fcurfeen  toctftiCc  n,* 
daycs  after  the  end  of  eveiy  Court,  the  faid  Secretary  and  Clerk,  fhall  de-  Dt'tfioT'l'" 
liver  to  the  refpodive  Treafurerr,  a  true  Tianreript  of  all  Fines  aad  othet        *  ""* 
dues,  payable  to  the  Country  or  County,  and  the*  faid  Treasurers   fhall  "'■"^f'^erioor 
within  one  week  after  the  Receipt  of  fuch  Tranfcnpt,  direft  his  Warrant  ^y"^'"*"" 
to  the  Marlhal  or  Conflable  for  ihc  leavying  thereof. 

And  rf  any  Trcafnrer,  Secretary,  Marfhal  or  Conftable,  make  defa\ilt 
hctein,  he  fhall  fulFer  the  penalty  of  making  good  all  Damage  iliat  fhall 
come  thereby. 

And  every  Treafurer,  for  his  pains  and  fervice,  is  allowed  m?  pnll'mp.  TresfaliowEnra 
in  the  pound  of  all  fines  received  by  liim,  and  to  be  free  from  all  Coun- 
try ancl  County  Rates . 

And  all  Treasurers  are  hereby  enjoyned  once  every  year,  to  give  an  ac-  Toji/fa  m-ij 
count  of  all  their  Tranfaftions  ;  the  Country  Treafurcr  (o  the   General  ''"""M  " 
Court,  or  to  fuch  as  the  faid  Court  fliall  appoint,  and   prefent  the  fame 
at  the  Court  of  Ehtlion  yearly. 

And  the  County  Treafurers  fhall  Iikewife  yearly  prefent  their  AccomptB  co.rt  coun 
to  the  County  Courts;    and   if  there  be  not  enough  m  the  Treafurers  toZd y7"s 
hands  to  fatisfic  the  charges  of  the  County,  the   faid  County    Court  fhaJI  l?.  dl'r'ls.^'^'^ 
give  Warrant  to  leavie  the  Airears  upoa  the  whole  County'  by   Rate,  to    '    "**^ 
bo  leavicd  upon  each  Town  and  Perfon  (except  fuch  as  arc   Rate-free) 
in  proportion  with  the  County  Rat£  next  bofore   going,  to  be  colleOed 
by  (he  Conflablts  of  each  Town,  who  arc  hertby  enjoyned,  to  attend  tJie 
fame,     [  ,^4-6,  j4,  //,  >»-3 


\J'\7  ^''"^^  f'^<^  -t^w  tit.  Treafurers,  doth  Ml  fo  fuHy  explain  it  fclf 
y      V    as  IS  triended,  in  order  to  the  Execution  of  the  fame,  mrefereitce 

to  County  Tre^rfurers ; 

Thii  Court  J)eclare;  That  the  fame  Power  and  DireiHions  given  fc  the  r    m  t 

Ccuntry  Treafurer  .n  his  pince,  h  Iikewife  intended  to  the  County  Ti-ea-  poUvffly 

IJuret  m  his  Place  and  Limits; 

Por  the  better  dijchar^t  of  his  lUufi,  and  ihd  e^jtry  CoMh  Ivtruflvd 

With  tlie  CottiBiHg  cf  OhfCjuniy  XaTc,  vihich  doth  net  vilkfn  hs  year  poV 

M  tn  z  Hi 


jj2  Tryalr.     Vagabonds-. 


in  h'/s  yefjic{Ine  County  T^cff,  a»d  maki  vp  bis  jlrcomjfls  with  Ihe  Xrea- 
furer  from  which  be  had  hts  Warrant  fo  to  doj 

Such  Conftable  (hail,  forfeit  to  the  Co-anfy  forij  jhillingi  for  his  negfedt, 
and  be  liable  to  dear  his  Accompts  within  (yo  Months;  and  Jhot  every 
County  Treafurer  rtiall  pirefent  (he  Warned  of  fuch  Conflgljles  as  fhall  neg- 
\t(\  their  duty  \o  the  next  Couniy  Court;  An3  that  Corn  cr  other  Goods 
paid  in  to  the  County  Treafiirefs,  fhall  he  at  Jhe  f<>me  jififes'lhat  rf)is 
Court  fhail  from  time  to  time  fet  for  ihe  Country  Rale;  Any  Cuftome 
or  Ufsgelo  the  contrary  notwithtlanding.    {^1662,"^ 


r  zr  A  L  s. 


■Nofaurebbe     T T  is  Ordered;  That  all  caufes  between  Party  ancl  party,  fhall  firft  !« 

thfccr^couVt.  •*■  tfy^f^  '"  feme  Inferiour  Court;   and  that  if  Jhe  parly  agaitifl  \vhom 

.the  Judgement  fhal!  pafs,  fhall  have  any  new  Evidence,  or  other  newmat- 

ter  to  plead,  he  may  dcfire  a  new  Tryal  in  \\\z  fame  Court  upon  a  Bill 

of  Review.    And  if  Jui^ice  (hall  noite  done  him  upcnlhalTryal,  hemay 

thsn  come  to  this  Coilrt  for  Relief.     [  "^-f^.^ 

2.  It  is  Ordered,  and  by  this  Court  Declared;  That  in  all  Aflions 
a/A/iScVo'r"  of  Law  it  fhal!  be  the  (iberty  of  the  Plaiutiffe  and  Defendant  by  mutual 
Jory                confent   to  choofe  whether  they  •will  "be  tryed  hy  the  ]Bencl7,  or  by -the 

Bench  and  Jury,  imlcfs  it  be  where  the  Law  upon  juft  reafon  halh  other- 
wife  deteimined; 'the  like  lilaeity  fbali  be  granted  to  all  perfons  in  any 
Criminal  cafe. 

3.  Alfo  it  (ball  be  in  the  liberty  of  bolh  I'lainfifTe  and  Defendant 
Libetfy  loctel.  and  likewife  of  every  Delinquent  lo  be  judged  by  a  JioY;  to  challenge 
'fuse               any  of  the  jurors,  and  it  tht  challenge  be  found  jitft  and  rearonablchy 

the  Bench  oi'  the  left  of  1hc  jury,  as  the  challenger  Ihall  ohoofe,  it  (hall 
be  allowed  him,  and  laks  Je  cirCuivJlanUbas  Jmpannelled  in  their  room. 

4.  Alfo  Children,  ldeots,X>J/lr3fled  perfons,  and  all  that  are  Stan- 
gers  ot  new  com';TS  to  our  Tlantation,  fhall  have  fuch  allcwances,  and 
difpcn  fa  lions  in  any  cafe,  -whellier  Crrminal  or  othcrsj  as  Heligson  and 
Keafoa  ret^uire.    [_ ) 64-1 '2 


VAGABONDS. 


tf/is  Court  heif}^  fer.flbk  of  the  tnereajeofFropharjefsandlrreUgiouf^eff^ 
by  reafon  of  the  p^a^rcirA  md  f^a/uhond  life  af  knJry  ■perfotu,  as  ■well' 
InhahtMtts  as  JPonaigmrs-,  that  yii.:m(r  from  ihcir  imr,th&^  Relations  and 

Dwelling 


f^otes.         Vfurj.  J  S3 

Dwelling  places,  from  Town  to  Town,  trtrehy  drawing  away  Children^  Ser- 
vants, and  other  perfuns,  both  younger  and  elder,  from  their  lawful  Callings 
And  hnfloyments,  and  hardning  fhe  hearts  of  one  another  agamft  nil  Subje- 
flion  to  the  "JRjiles  of  Gods  Holy  Word,  and  the  £JlabUfhtd  Laws  of  tbts 
Colony :     u4H  which  to  frevent ; 

This  Court  doth  hereby  Order  atid  Enad;  That  all  fuch  perrons,  where    ^  ^ 
ever  they  may  be  found  in  any  place  of  ihis  JuriWiftion,  be  Apprehended  w,ao(iimg|>cf- 
by  the  Conftable  of  the  faid  place,  vilh  or  without  further  Warrant,  and   '""* 
and  brought  before  the  next  Magiftratej  who  if  upon  Examination,  (hall 
finde  them  to  bt  fuch  as  do   not  give  a   good   and  fatisfacflcry    account 
of  fuch  their  Wandnng  up  and  dovkr,  they  fhall  proceed  with  and  againft 
them  as  Rogues  ana  Vagabonds,  and  caufe  them  to  be  corporally  puni- 
(hed,  and  fent  fr.onx  Conftable  to  Conftable,  until  they  come  to  the  place 
of  their    nbodc:       Or  in  cafe  they   will  not    confefs  where  their  abode 
is  within  this  Co!ony.,  nor  yet  voluntarily  depart  out  of  the  fame,  then  to 
be  fent  to  the  Hoiifc  of  Correction,  there  to  remain  until  the  next  Court 
of  that  County.    £1662  J 


V  O  T  £  S. 


TT  is  Ordered,  and  by  this  Court  Declared;  That  all  and  every  Free- 

J  man,  and  others  Authorized  by  Law,  called  to  give  tiny  Advice,  Vote, 

Verdidt  or  Sentence  in  any  Court,  Council  or  Civil  AlTembly,  fhall  have  Liberrjof 

frcedome  to  do  it  according  to  their  true  Judgement  and  Confcience,  fo  ^°'^"* 

it  be  done  orderly  and  in-offcnfively  for  the  manner,  and  that  in  all  cafes 

•wherein  any  Freeman  or  other  is  to  give"  his  Vote,  be  tt  in  point  of  Ele- 

fiion,  making  Conftitutions  and  Orders,  or  pafling  Sentence  m  any  cafe  oitobefiUnt 

of  judicature,  or  the  like;  if  he  cannot  fee  Light  or  Rtafon  to  give  itpo- 

fitively  one  way  or  other,  he  fhall  have  liberty  to  be  filent,  and  not  pref- 

fed  to  a  determinate  Vote,' which  yet  fhall  be  Interpreted  and  Accounted 

as  if  he  Voted  for  the  Negative.  ^7''",^?":' 

And  further  that  v;henlocvcr  any  thing  is  to  be  put  to  a  Vote,  and  Sentence  ''" 
to  be  Pronounced,  or  any  other  matter  to  be  Propofcd,  or  Read  in  any  Court 
or  Aflembly,  if  the  Prcfidcnt  or  Moderator  (hall  rcfufe  to  perform  it,  the 
major  part  of  the  Members  of  that  Court  or  AlTembly,  (hall  have  power 
to  appoint  any  oth^r  meet  perfon  to  do  it,  and  if  there  be  juft  caufe,  to. 
punilh  hi/n  that  (hould,  and  would  not.      [  1 6^1.  3 


V  s  V  R  r. 


IT  is  Ordered,  Decreed,  and  by  this  Court  Declared ;  That  no  man  fhall 
be  adjudged  for  the  mcu  forbearance  of  any  Debt,  above  fi^^iipoaw^/  irt 
tk  fcM«</rv^,  for  o«f^t'jr,  and  not  above  the  Rate  proportionably  for  all  fums 
whatfoever,  (  Bills  of  Exchange  excepted ;  neither  (hall  this  be  a  colour  or 
countenance  to  allow  any  Ufury  amonglt  us  contrary  to  the  Law  of  God- 
{.iUh  ^3-1  Nn  warn. 


154 


?r^wpi^w/?f(2^.    Wdckm^ 


W  A  M  f   ui  M  P  E  ui  G. 


1 

Repealed.        *^^ 


I661. 


T  is  Ordered;  That  Wampsmpcag  fhall  pafs  currant  in  the  payment 
of  Debts,  to  the  payment  of  jcrty  fi.iilings,  the  white  utaghi  a  fiiiny'i 
e  black  at/wir,  fo  as  they   be  entire  Without  breaches  or  dtfofming 


fpots,  except  m  payment  of  Country  Rates  to  the  Treaforcr,  which  no 
Town  or  perfon  may  do,  nor  he  accept  thereof  ficm  4iwicto«imc.  [i^^^y. 


WATCHING, 


FOr  the  better  keeping  of  Watcheshy  the  CotiJiabJe  irtthetimecf  pe^ce^ 
It  is  Ordered  by  this  Court  and  the  Authority  thereof  9  That  all  Conftabfes 
Watches  in  every  Town  of  this  jurifdiftion,  (hall  bfgin  the  fiiftof  May, 
and  continue  till  the  end  ©f  September ^  upon  the  penalty  of  frc  pounds, 
to  be  icavicd  on  every  Conflable  negk^ing  the  -fame. 

And  it  fhall  be  the  care  of  the  Conftablc,  to  fee  that  the  Watch  be  fo 
•warned,  thai  it  may  not  conlift  of  all,  or  the  greater  part  Youths,  but 
that  cble  men  be  joyaied  with  them,  that  the  Watch  may  be  a  fufficient 
Watch  i  unlefs  the  Seleft-men  of  that  Town,  who  have  hereby  power, 
ihall  othcrwife  Order  and  Difpofe  the  faid  Watches,  both  rcfprj^ing  time, 
place,  number  and  quality  of  perfons,  as  to  them  fhall  feem  mofl  meet. 
Atwl  all  Inhabitants  of  this  JurifdJ<^ion  ( except  fuch  as  arc  by  Law 
exempted)  fhall  cccordicg  as  they  are  vasncd  to  fetvc  the  Country  in 
the  Conftables  Watches,  duely  and  firiOly  obferve  the  charge  given  therai 
by  the  Conftables;  And  the  Conftables  in  every  Town  from  time  to  time, 
are  hereby  cnjoyacd  to  give  in  their  charge  :o  Watchmen,  that  they  due- 
ly examine  al!  Night  walkers  after  ten  of  the  dock  at  night  f  unlefs  they 
be  known  peaceable  Inhabitants)  to  inquire  whether  they  arc  going,  and 
what  their  bufinefs  \Sy  and  in  cafe  they  give  not  rcafcnable  f'atislailicn 
to  the  Watch  men  or  Conliable,  then  the  Conflable  fhall  forthwith  fccura 
them  till  the  ntorning,  and  fhali  carry  fuch  perfon  or  perfons  before  the 
next  Magjflrate  or  CommifBoncr,  to  give  fatisfadion  for  their  being  a- 
broad  at  that  r'mc  of  night.    And  if  the  Watch  men  fhall  finde  any  In- 
habitant or  Strang-r,  cfter  ten  of  the  clock  at  night,  behaving  themfelvcs 
any  wayes  debauchediy,  or  fhal!  be  in  drink,  the  Conftablc  fhall  fecure 
them,  by  commitment  or  otherwifc,  till  the  Lew  be  latisficc!. 

And  further,  the  Conftablc  is  to  give  the  V^atch  men  in  charge,  to  fee 
all  noifcs  m  the  ftreets  ffillcd,  and  lights  put  out  (except  upon  necefiary 
occa(ions)  for  the  prevention  of  danger  by  fire  as  much  as  may  be. 

And  every  Conftablc  fhall  prefsnt  io  one  of  the  next  Magiftrates  or 
CommifTioners,  the  Name  of  every  jperfon,  who  fhall  upon  lawful  warn- 
ing refufe  or  ncglcft  to  Watch  Or  Ward,  either  in  pcifon,  or  by  fome 
other  fufficient  for  that  fervice,  and  if  being  convented,  he  cannot  give  a 
juft  cxcufe,  fuch  Magiftrale  or  CommilTioner  fhall  grant  Warrant  to  any 
Cor.ftable,  to  leavie  [ive  fhilhn^s  of  every  Offender  fot  fuch  default-,  the 

fame 


Conftablc  Co  fct 
the  Waicb 


A.sJ-P'^s- 


.Sdcflitienrc 
otdcc  Wiicl.«3 


Corftjblcs  cliitg 
10  the  MVatcS 


Kcghi-w.ilkcrs 
;obe  (ccuicd 


Watch  to  cau  fc 
lights  to  be  put 

jut 

L.i.p.ji- 

Nfg|f<ll  01" 
V^atchii.gfor- 
ffits.  »• 


Weights  and  Measures.  155 

fame  to  be  imployed  for  the  ufc  of  the  Watch  of  the  fame  Town. 

And  it  is  the  intent  of  this  Law,  thai  every  pcrfon  of  able  body  (not 
exccptctl  by  Law)  or  of  Eftatc  fufficient  to  hire  another,  .ftiall  be  Jiable 
to  Watch  and  Ward,  or  to  fupply  by  fome  other,  when  they  (hall  be  ^'^''°^  wTii"' 
tl!£r€unto  required  J  And  if  there  be  in  the  fame  Houfe  divers  fiich  per- 
fons,  wheth^e  Sons,  Servants  or  Sojourners,  they  fliall  all  be  compellable 
to  Watch  as  aforefaidi  Provided,  that  all  fuchaslive  or  keep  Families  at 
their  Farms,  being  remote  from  any  Town,  flial!  not  be  compellable  to  Watch 
and  Ward  in  Towns.    [ /<?^«f,4<*, /^,  y/.  3 


THe  Court  underfianding  there  is  much  inequality,  in  that  divers  are  freed 
from  tbofe  Watches^  whereof  all  do  receive  equal  benefit^  for  an  ExpUca- 
cation  of  the  Law  concerning  Confiahles  watches ; 

Do  Order,  the  Magiftrates,  Deputies  of  this  Court  for  the  time  being,  Ptrfon?  exempt 
Elders  of  Churches,  the  pubUck  fworn  Officers  of  the  Country,  with  the  waTdfu"^"""'" 
CommiiTion  Officers  in  each  Trained  Band,  be  freed  from  all  ordinary 
Watches  and  Wards  of  the  Conftables,  and  no  other  perfons,  except  fuch  per- 
fons  as  (hall  have  fpecial  and  perfonal  Freedome  by  Order  of  this  Court  j  any 
former  Grant  or  Cuftome  notwithftanding.     [_id6/.'] 


Weights  and  Meafures. 


TO  the  end  Meafures  and  Weights  may  he  one  and  the  fame  throughout 
this  JurifdiOion  j 

It  is  Ordered  by  the  Authority  of  this  Court;  That  the  Country  Trea-  stjnjardtto  fc* 
furcr  (hall  provide  upon  the  Countries  charge.  Weights  and  Meafures  of  ^'°^^f„^^  ""^ 
all  forts,  for  continual  Standards,  to  be  Sealed  with  the  Countries  Seal,wx. 
one  Bujhel,  one  half  Bufbel,  one  Peck,  one  half  Teck,  one  Me  quart,  one 
Wine  pnt,  and  half  pint,  one  Sin,  one  Tard,  as  alfo  a  fctof  Brafs  Weights 
to  four  pound,  -which  (hall  be  after  fixteen  Ounces  to  the  Pound  with  fit 
Scales,  zci^fleal  Beams  to  weigh  and  try  withal. 

And  the  Conftable  of  every  Town  within  this  Junfdic^ion,  (hall  withirt 
three  Moneths  after  publication  hereof,  provide  upon  the  Town  charge,  p,Tvidc'"uni 
all  fuch  Weights,  at  leaft  of  Lead,  and  alfo  fufBcicnt  Meafures  as  are  a-  »rds  for  Iowct 
bove  expreft,  trycd  and  Siied  by  the  Countiy  Standards,  and  Scaled  by 
the  faid  Treafurer,  or  his  Deputy  in  his  prcfcnce,  (which  (hall  be  kept 
and  ufcd  only  for  Standards  for  their  fevtral  Tcwns)  u'ho  is  hereby  Au- 
thorized to  do  the  fame,  for  which  he  (hall  receive  from  the  ConfVableof 
each  Town  two  pence  for  every  Wci^t  .ini  M^'ifurc  fo  proved,  fixed  and 
fealed.     And  the  faid  Conftohk  of  every    Towti,  (hall  commit  thofe  5caicr«.be 
Weights  and  Meafures  tinto  the  cuftody  of  the  Scle^-mcn  ot  their  Towns  f^c-f""  I'v '"c 
i^or  the  tirnc  being,  who  v/ith  the  (aid  Cotritable  are   hereby  enjoined  to  ^'^'^  """ 
chufe  one  abla  man  to  be  Scaler  of  fuch  Weights  and   Afeafures  for  tlieir 
own  Town  from  time  to  time,  and  till  another  be  chofen,  which  man  fo 
chofcn,  they  (halJ  prefent  to  the  next  County  Court,  there   to  be  fwdm   "'"''*"  r-om  it 
to  the  faithful  difcharge  of  his  duty,  who  (hall  have  power  to  fend  forth   cou^"""'^ 
his  Warrants  by  ths  Conftable,  to  all  the  Inhabitants  of  thtir  Town  ro 

N  n  i  bnng 


155" 


Wharfage. 


bring  in  all  fuch  Meafures  and  weights  as  they  make  any  ufc  of^  in  the 
bdu^s  fccond  Moneth  from  year  to  year,  at  fuch  time  and  place  as  he  fhall  ap. 

pojnt,  and  npakc  a  return  to  the  Scaler  in  Writing  of  all  perfons  fo  fum- 
moncd^  that  then  and  there  all  fuch  Weights  and  Mcafures  may  be' pro- 
ved and  fealcd  with  the  Town  Seal,  ( fuch  as  in  the  Order  for  Town  Cat- 
tle) provided  by  -the  Conftable  at  each  Towns  charge;  who  ftall  have 
KisFceo,  for  every  Weight  and  Mcaiure  fo  Sealed  one  fenny  from   the  Owners 

Ihereof  at  the  firft  Sealing.     And  all  fuch  Mcafures  and  VVeights  as  can- 
not be  brought  to  their  juft  Standard,  he  flidll  deface  or  defiroy,  and  aftcnhc 
iirft  fealing  ftiall  have  nothing  fo  long  as  they  continue  jufl  with  the  Standard. 
e/lnd  that  none  may  negled  their  1)uty  herew; 
h  is  further  Ordered  by  the  Authority  aforefaid  ;  That  if  any  Conftable, 
Seleft  men,  or  Scaler,  do  not  execute  this  Order  as  to  every  of  thein  ap- 
pertains, they  fhall  forfeit  to  the  Common  Tmicry  foriy  Jhi//wgs  for  eve- 
ry fuch  negleO,  the  fpace  of  one  Moncih,  and  alfo  that  every  perfon  ncg- 
le<ning  to  bring  in  their  VVeights  and  JVleafurcs  at  the  time  and  place 
appointed,  they  fhall  pay  three  jhtlfngs  Jour  pet>ce  for  every  fuch  default, 
one  half  part  whereof  fhall  be  to  the  Sealer,  and  the  other  half  to  rhe 
Common  Treafury,  which  the  Sealer  fhall  have  power  to  leavie  by  di- 
ilrefs  from  time  to  time.    [  1647.'] 

^.yf.  '  1.  This  Court  confidering  the  Complaints  of  fcveral  j4buJeSj  in  Mea- 

fiiring  Corn,  Boards,  and  Cording  of  VVcod-^ 

Doth  Order,  That  it  fhail  be  in  the  power  of  the  Seled  men  of  every 

Town,  to  appoint  one  or  two,  or  more  as  need  fhall  require,  who  fhall  be 
^^^^.^Zc^"  fworn  faithfully  and  uprightly,  to  Meafure  all  fuch  Com,  Wood  or  Boards, 
■/'urci oftoin  05  thpy  {hall  bc  Called  unto;  and  that  no  man  fhall  be  forced  to  receive 
*■'*  any  Com,  Wood  or  Boards,  (except  they  agree  thereunto)  but  fuch  as 

is  Meafured  by  fiich  perlon  or  perfons  fo  appointed  and  Sworn  ;  the  parties 

receiving  the  Corn,V  Vood  or  Boards,  paying  for  the  Me afuring  thereof.  /  6sj' 


Vl^  H  A  R  F  A  G  E.- 

'TT  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  thcfc  Of- 
Ra^estorV'Mr.  |  ^_^^^  ^^^^  ^  obfcrvcd  by  all  fuch  as  ITiall  bring  Goods  to  any  Wharf, 

and  thcfc  Rates  following  bc  allowed : 

firft    For  Wood  by  the  Tun  three  fence -^  for  Timber  by  the  Tun  four 
pence-    for  Pipe  flavcs  by  the  thoufand  ninepence-^  for  Boards  by  ihcthou- 
fand  ^(ix  pence .  for  Merchants  Goods,  whether  in   Cask   or  ctherwife  by 
the  Tun,  fixfcnce-^   for  Dry  Filh  by  the  Quintal  one  penny ;    for  Corn  by 
the  Quarter  one  -penny  and  a  half  penny ;  for  great  Cattle  by  the  Head  tvto 
pence -^  for  Goats,  Swine,  or  otiicr  fmall  Cattle,  except  fuch  as  arc  fucking 
their  Dams,  by  the  Head  a  half  penny ;    for  Hay,  Straw,  a>id  all   fuch 
Combuftable  Goods,  by  the  Load  fix  pence ^   for  Stones,  by  the  Tun  a 
penny-,  for  Cotton  Wool,  by  the  Bag  two  pence;  for  Sugar,  by  thcCheft 
threepence:     Provided  that  Whaifa[',e  bc  taken  only  where  the  Wharfs 
arc  made  and  maintained;  and  that  Wood,  Stone  and   weighty   Goods, 
fliaii  be  fet  up   an  end,  or  laid  feavcn  foot  from  the  fide  of  the   Wharf, 
upon  pcnaltv  of  double  Wharfage,  and  fo  for  other  Goods,  and  that  no 

•^      '^        '  Goods 


Goods  lye  on  thr  Wharf  above  foily  eight  hours  without  fu/ffier  agree- 
ment With  the  Wharfinger:  And  that  it  fliall  be  lawful  for  the  Whar- 
finger to  take  according  to  thefe  Rates  out  of  the  Goods  that  arc  Landed, 
except  they  be  fatisfied  otlierwifc. 

a.   And  it  is  further  Ordered  j  That  none  fhall  caft  an  Anker,  Grap-      .       .     . 
lin,  or  KiUaelc>  within  or  neer  the  Cove  at  Bofton,  where  IL-nay  indanger  y,"''";^v£ pt' "* 
any  other  VefTels,  upon  penalty  of  ten  jhtlhn^s,  half  to  the  Country,  half  "'"?• 
to  the  Wharfinger,  befides  paying  all  Dameges. 

3    And  that  it  (hall  not  be  iawfol  for  any  perfon  to  oaft  any  Dtin^,  c^oio^t^^^™. 
Draught,  Dirt,  or  any  thing  to  fill  up  the  Cove,  or  to  annoy  the  Neigli-  pM5liy,oft. 
hours.  Upon  penalty  of  forty  Jhtflm^s,  the  one  half  to  the  Country,  the 
other  half  to  the  W  harfinger.     [  11(47. 3 


WILLS. 


W'Nereas  it  h  found  hy  experhme,  that  fom  mm  d/m,  havir.z  maie 
thar  f^rt/ts  for  the  iifpofmg  of  then  £Jlates,  thct  th  faid  FFtlls  r  ,  «  16. 
are  concealed  and  not  Proved  and  Recorded-  and  fome  cfber/dyfn.  hte-  ^'  ^' 
ftatr  no  Mmmjlratmjs  fought  for,  nor  granted  m  any  legal  way^andyet 
r^.  ^K,p»,  Chtlcfren  Kn,<,red,  or  fimc  friends  cf  th  Deceafcd,' or  feme 
trr.  'r  J  "^T  ^/''"^^>  arjd^ojfefi  themfifves  of  the  Goods  cf  the 
AL?rt'  ""f  i'^'Z  "*'  ^""''^  '"""  >«  <'^  ^f>'d  he/are  the  Crt 
tZr.°  '^t'""  a  i^'l"^'^  ""''  '"'^''""^  t^iv^cfv^hJioDcincnd,  orha^ 
dValmls\         ■'"■^  '   ^"'  ^''^'"'iou  of  Such  unjufl  ,nj  frmdulent 

Exil^No^tatldt  ^r^f;  Th.t  if  any 

next  Court  of  the  Coun  y,^,^  I '  ^1  he'T^  'tf  *  ^^^  "^^^^  '^" 

dcceafcof  the  party,  ITlak^PrSp„f'^^^!',^^^^  ^''^^«'   ^f*"  ^^^ 

(hall  not  caufc  t^c  LTfo  b^Rc^  rdld'^v  7'V^ 'i^^'^''^^'^^  ^''1^^°'  ^''"'^♦•^-rc 

County  Court  ^v'here  the dcTcafcdnartvf.ftl,^'''''?"  ""'  Clerk  of  that    v.da.,.coort 

ver,  (ball  not  wuhin  the  fameSe  LkcVf  •    n '^  \°'  '^/"'^  P"^"""  '^^'^^'''^ 

J.C  hath  or  n,all  enter  upc.ror^nv  Partv T  "rS"''^ '''/"^*^  ^°^^''  "^  ' 

pcrfons  (hall  ^lu;iaU  or  V^Wanv  /w  "    ^'  ""J  '/  ^^^^  P"'"*'"  "'  inMigthecfl- 

Pfovcd  ai.d   Recorded  the  W,ll  r,f  X^  i'''"^^  or  Gcods,  before  (hey  irivc  »•*  uil^^..^"d 

and  brought  in  a  true  Inventory  oaihf'T''^'  ''  ''^''^  Admin.flrar.on,  S"'""'- 

of  the  dcceafcd-  every  fuch  pcrL  fn  a!    '^"a''"^'"'^'''<^~'^^^"'^  ^^^*^^s 

Licble  to  be  Sued,  and  fhali  b-  hi.    j  ^^Jmrrwftnn-  or  E.neccting,  (hail  bt  J-»i'i. 'o  i«j "U 

as  the  dcceafed  party  owed, theZr /k'  ^?  '"/"^^  ^^^^'  refpeaively,  ^''"'• 

Bnt  for  the  fnme  or  not,  and  S  Ilf^'f   f  f  °/*^"'^'^^*-''^''«'-^-'^-^^  '"^^'^-    r^.c^c«„aper 


i-g  Wiincps. 


fuch  Town  where  any  fuch  perfon  fhall  dy,  fhali  Within  one  Month  aftct 
his  deceafe,  give  notice  to  tjbe  Court  c£  ihstCounly  to  which  fuch  Town  cfoth 
telosi^,  of  ftich  Renouhcing  of  Execuforfhip,  or  not  fediin^Qi' Admt\]f\Ta. 
orforffit  ^ofc  jjcn,  fhat  fa  the  Court  way  take  fjch  Order  therein  ss  ilzy  ihtU  Ibink 
meet,  wiho  fhall  alfo  aflov/  fuch  Gierke  3ue  rccompcnce  fc;  his  pamcs^ 
and  if  any  fuch  Gierke  fhall  faJle  lierein,  he  fhall  forfeit  fcrly  JbiUin^s  to 
the  Treafury  for  every  months  default.     Z'^^9-^ 

A  s£  T  J  ^'  ^^"'^^  becitiifs  Kvany  .MerchahiSf  Searnen  end  oth?r  Shr.igtT'S'yrejbtt' 

'     '    '  ^  ift£  hilljer  oftfMhnes,  JDy:;;^  and  hnvhg-  Iheir  Sfiates  imdt(p^ed  of,  and 

very  diJJicuH  to  ie  preftrvedm  the  interim  ftom  one  County  Cor.rt  to  and  her; 

It  is  therefore  Ordered,  that  it  fnalland  may  le  Lawfull  for  any.two 

Magiftrates  wn'h  the  Recorder  cr  Clerk  of  the  Counly  Court,.  Meeting 

.  together,  to -allow  of  sny  Will  of  any  dccafcd  pariy,  to  tlie  Executors  or 

♦o"i8i^°prQbda  other  pcrfons  ia  the  "VVill  menl-oned,  fo  as  tV-e  Will  be  teffified^onthe 

of  vvJik.  Oath  of  two  or  more  Witneffi:;^  and  alfo  toGrauntAdminiftraliontothe 

Eftatc  of  any  perfon  dyirg  inteflare  within  Ihe  fard  County,  {o  the  next 

mfniftK        of  Kin,  or  to  fi-'ch.as  fiia!-'  be  afc  to  fecure  the  fnme  for  the  next  of  Kin, 

and  the  Recorder  orClciic  of  the  Court,  fhall  enforme.the  reft  ofthcMa- 

giftrate5  of  !he County,  at  the  next  Cosnly  Court,  of  fitch  '^Vill  proved 

or  Adminifhration  daunted,  and  fhall  "Record  the  fan>e.    \_i6si^ 

L.i.P-j'}.  3.  And  it  is  Ordered,  that  when  the  Husband  orParents  dy  inteflate, 

L,2  T.d.      the  County  Court  of  that  Jurisdiftion  whore  fl.e  party  had  his  lafc  Refi- 

clence,  fhall  have  Power  to  afTign  to  the  widdow,  fueh  a  part  of  his  eftate 

a?Ji3'/iWfratr  ^^  ''^^y  fhati  judge  juft  and  equal  j  as  alfo  to  divide  and  afTignc  fo  the 

•unaifpofed.        Children  or  other  Hcires  their  fevera!  parts  and  portions  out  of  the  faideiiate.- 

J  Provided,  theEldcftSon  fhall  have  a  double  Portion,  and  where  th2re  are 

aouWe  portion    HO  Sops,  the  Daughters  fhall  inherit  as  Copartners,  unlefs  the  Court  upoa 

jdft  Caufe  allcdgedf  (hall  otherwife  determine,     C'^f,  ^^"X 


rvit  N.s  s  s  £  s. 


JT  is  Ordered,  t)''creed  and  by  this  Court  Declared,  that  no  man  fhall  be 
put  to  Death,  without  ti]s  Teftimony  of  two  of   three  WHnejfeiy  or 
that  which  is  equivalent  theicunto,     \^i64i.'\ 

a.  And  It  is  Ordered  by  this  Court  aijd  the  AutKority  thereof,  Thct 

iJcnbXeone  any  one  Magiftrate  or  Conunifficner  Anthorrzed  thereunto  by  the  General 

MagiftraU.         Court,  may  take  the  Teflimony  of  any  perfon  of  fonrtten  yeares  of  age, 

cr  above  ^  of  found  undcrftanding  and  rfputstton,  in  any  Cafe,  Civlll  ot 

CrilTiinai,  and  fTiall  keep  t^ie  fanis  «n  his  own  harids- till  the  Court,  orSe- 

w>wi5«.to8P  liver  it  to  the  Recorder,  po.blick  'Notiiiy  of.  Clerk  of  the  .ivritfs,  to  be  Re- 

prof  ^erfoqsiiy    corde3,  tlist  fo  pothing  ffiEy  "bc  altcrc^  in  it.       Provided  that  where  any 

\^tuf^"^      fuch  witnefs  fhal!  Jiave  liis  aboJe  V/lth'n  Icn  miles  of  the  Court,  and  t^ere 

living  qnd  not  difeqtfbled  "by  fickncfs  or  other  infijniily,  the  faid  Teftimor 

ny  fo  takca  oMt  of  Corrt,  fhall.  not  be  rccetved  or  made  ufc  of  in  the 

Court,  txcept  the  witnelTca  be  a'fo  prcfent  tc  be  further  Exaniir  ;d  about  it.. 


Provided   alfo  ibat  in  all  Capital  Cafes,  ail  Wltnefles  fnal!  be  prefent,     ,  ., 
v/'herefocvcr  they  dwell.  of**, 

3.    Atrd  if  is  fuither  Ordered  ty  the  Aufhortfy  aforefaid,    That  any 
perron  Summortfd  to  appear  a?  a  Witnefsin  any  Ctvil  Court  between  pairy 
and  part.y,  fba'l  fiol  he  tompf  liable  to  travail  to  any  Court  or  place  where  lie  18    ]^"^^(,'°fcr*"' 
f ogiveh'sTeftimony,  except ]ie  who  (>)a(l  foSurnnon  him  fhall  lay  3ovrn  or    '^»'i"  i«'^ 
givehirri  faVisfaiitOn  for  his  Travail  Srjj^pences  outward  and  homeward,  an3     "*"' 
for  lurfilimeashe  rHali  fptridin  att<-r\dar|ce  in  fuch  cafe  when  he  is  at  fuch 
Court  or  plaC*",  the  CoKrt /hall  Award  due Recompcnce.     And  it  is  Ordered    ^^,„  ,).;]i,pji, , 
thai  ixv«  fi>illi»^s  3  day  rtia|lV»e  accounted  duefalisTjcfUonioany  witnef?  for    day 
Travail  atid  ExperiCes,3nt1  that  wlieti  thewitriefs  dweHefh  within  Ihrterrtki 
and  »-s  not  al  charge  to  pafs  over  any  other  Ferry  ftien betwixt  Bojlcn  rr  Charls- 
tovfn.  t\]t;n  ore Jhtlhngjix'pi'ncf  fer  Jiem  fhallteaccounteafufficicnt,  arwJlf  any   Ori^rhl'iing  r.x 
witness  after  furh  paym'^iUor  fafisfarHion,  (tia*l  faile  to  appear  to  give  his   '"*'"  '  '^' 
Tcdimooy.^e  fnallbeliablf  to  pay  thepariic!  dama^efi  uponan  aOionofihe   wMn's '>=♦  ap 
Cafe.        And  alt  Witnefies  in  Crirronal  Cafes  fh.all have  fmtable  falisfaa«on   ^;;;;j,"f '"^V 
p?yd  by  the  Tieafurer ,  upon  Warrant  from  the  C«uft  or  Judge  "before 
whom  ttje  Cafe  U  tryed.  ,„  Cn»fn>i 

And  for  a   Otnerai  Rute  io  he  objrrved  in  all  Cnmnjal  Cajes^  boib  where    '^''"^  V['''i),**' 
the  Fines  are  fut  m  certain,  and  alfo  whre  thej  are  othtrmfei,  ^'^''     ^     ' ■ 

It  is  further  Ordered  by  IheAufhonty  afore/aid,  that  the  charges  of  wit 
ncffcs  in  all  fuch  Cafes  fhall  be  bom  bythe  parties  delinf]uent:,  and  fhall  bu 
added  to  the  Fines  impofed,  that  fr>  the  Treafurei  haveing  upon  >A/'arrant  from 
the  Court,  orothcr  Judge  fati.sfied  fuch  WitnefTcs,  itmayberepayedhim  with 
the  fine,  that  fo  the  v/itneflcs  may  be  timely  fatisfied  and  the  Countrv  not 
damnified       \_i647'\ 


I'ti'^it",    aid 

5e 


WOLVES. 


KT  \T  hertas  ^>-?at  Lnjs  avd  Damage  tJah  befall  this  Conmwn-waHh  hy 
V     V      r(afcncf\i/oWet.^M'hic})c^e()foy(refltnurfiherscf  cur  Cattle, notfviih-        ^     ,g 
JlorM/ifigfrovifionformcrljt  mode  hy  this  Court  for  funprejjfini  of  them  i  there-  ** 

^oieforthe  better  tnfoura^ervientpf  anytrifet  dhcut  a  veot\of  jc great  c oncer nmet 
It  is  Ordered  by  this  Coutt  and  the  Aiilhorlty  thereof.that  nny  perfon  either 
Eagli'h  or  Indi.m  thatfhall  killany  Wo\feoi  H'oives ,  within  ten  mi'esofany      uw  skoot 
"PlaiUaticui  in  this  Junsdrcfticn,  fhallliave  for  every  ivolfi  by  hrm  or  Ihcm  fo   *'""*•'• 
killed /p«y7;;7/m^i,paid  out  ofthelreatury  of  the  Country^  Provided  that  due 
proofbe  made  thereof  unto  the  Plantation  next  adjoynmg;  where  fuch  V^clfe  or 
Vfohei  were  killed :    Arid  alfo  they  bring  a  Cerllfipate  under  fome  Maginralee 
band,  ur  the  Conftabte  of  that  pUce  urtto  the  Trcafurer  \  Provided  alio  that  this 
Order  doth  intend  onely  fuch  "Plantations  as  do  Contribute  wifh  us  to  pubhck 
charges.and  for  fuch  Plantations  upon  the  River  of  Fif<;afi2^-^<ay  that  do  notjoyn 
Nvith  us  tc  carry  on  pubhck  charges,  they  fliall  make  payment  onon  Ibeir  own 
charge.     [r<54j.] 


O  o  i  ^fj^Jes 


i6o  ^'^<^od. 


B 


I  E/ides  all  other  Can fdtr aims  andTfOvifcmfor  the de^niHicn  o/ Wolves  j 
>  It  is  Ordered  by  this  Court  and  the  Authority  thereof;  'Jhat  every  A.ich 
Indian  or  Indians,  as  fiiall  any  way  deArcy  any  Wolfe  or  Wolves,  and 
deliver  the  Heads  of  fi:ch  Wolves  vnto  the  Seled  men  of  any  Tcvnfhip 
in  this  Jurildidlion ;  (hall  receive  of  fuch  Selecfl  men,  either  luo  pounds 
of  Powder,  and  eight  pounds  of  Shot,  or  one  pound  of  powder,  and  four 
pounds  of  {hot,  and  five  fliillings  in  Come  or  other  pay ,  or  cffe  they 
Ihall  receive  of  the  Countiy  Treafnrer,  Ten  /hillings  a  head,  and  no  pow- 
der and  fliot,  which  fuch  Indian  fhall  chufc  •  and  fuch  SeleO  men  as  fhall 
pay  any  Indian  according  to  their  order,  fholl  rebate  it  out  of  their  next 
Country  Rate  with  the  Treafurcr;  any  Law  or  Cuflome  to  the  contrary 
■notwithftanding,  and  all  Scleift  men  or  others  that  by  virtue  of  this  Order 
or  any  other,  fhall  make  payment  for  any  Wolves,  fhall -cut  off  the 
Earcs  of  all  fuch  Wolves  heads,  and  caufe  them  to  be  buried,  that  fo 
none  may  be  twice  paid  for.     [^  1661.'} 


THis  Court  dotb  Order,  as  an  Encouragement  to  perfcns  to  dcffroy 
Wolves  j  That  henceforth  every  perfon  killing  any  Wolfe,  fhall 
be  allowed  out  of  the  Treafuty  of  that  County  where  fuch  Wolfe  was 
Slain,  Twenty  fliUl'mgs^  and  by  the  Town  Tcti  fljt/lings,st)d  by  the  Country 
Ireafurer  Ten  Jln/itnis-,  which  the  ConAable  of  each  Town  (on  the  fight 
of  the  cares  of  fuch  Wolves  being  cut  ofF)f}i3ll  payout  of  the  next  Countiy 
Rate,  which  the  Tieafutet  fhall  allow.    [  /^d2.^ 


WOOD. 


FOr  the  am)d'm^  of  Jnjunes  hy^  Carts  and  "Boats^  to  ScUev  and  JBu'yas 
of  Woody 

It  is  Ordered  by  this  Couit  and  the  Authority  thereof ;  That  where 
Wood  is  brought  to  any  Town  or  Houfc  by  Boat,  it  fhall  be  thus  Ac- 
counted and  Affizedi  A  Boat  o{  four  Tim  fhail  be  accounted  threeLcads, 
trrehe  Tuns,  nine  Loads,  twouy  Tun,  fifteen  Loads,  fx  Tun,  four  Load 
and  halfc,  fourteen  Tim,  ten  Load  and  halfe,  twenty  jour  Tun,  eighteen 
Load,  ekk  Tun,  fx  Load,  fxtem  Tun,  twelve  Load,  twenty  eigbtTun, 
twenty  one  Load,  ten  Tun,  fcvenload  and  halfe,  eipMenTun,  ihutecn 
Load  and  halfe,  thirty  Tun,  twenty  two  Load  and  halfe. 

Except  fuch  Wood  as  fhall  be  fold  by  the  Cord,  which  is  and  is  here- 
by Declared,  to  be  Eight  foot  in  length,  four  footin  height,  and  four  foot 
broad.     {_i646-y  l64-7>'} 


Wcrkp^tt 


workmen.     Wrecks  of  the  Sea.  i6j 


yr  O  R  K  M  E  IT. 


BEcaufe  the  harvejl  cf  Bay,  Com,  Hmp  and  Flax,  comes  usually  fomzr 
tO£etber,  that  much  hfs  can  har.Uy  beavcyded; 

It  IS  therefore  Ordeied  by  tht  Authoritvof  this  Court,  That  thcCon- 
flables  of  every  Town  upon  Requft  made  lo  them,  thali  Requiic  any 
Artificers  or  handy  crafts  men  meet  to  Labour,  to  work  by  the  day  for 
their "Neigbbcuis  in  ynoxnTig^reapno  of  Cor u,  and  iy.yiw^  thereof,-^  Provided 
that  thole  men  whom  ihey  work  for,  fhall  duely  pay  them  for  their  uork  ^ 

And  that  if  any  pcrion  (o  Required  fhall  icfufc,  or  theConilable  neglcrt 
his  Office  herein,  they  fliall  Each  of  them  pay  to  the  ufe  of  the  Poor  of 
the  Tovin,  double  fo  much  as  iuch  Daycs  work  comes  unto; 

Provided  no  Artificer  or  Handy  cralts  man  ihall  be  compelled  to  Work 
as  aforefaid,  for  others  whiles  he  is  neceliatily  attcrxding  on  the  like  Bufi- 
ncsof  his  ownc.     [_td,f6.'} 


Vf^RECKS    OP    THF    SE^. 


IT  is  Ordered,  Decreed,  and  by  this  Court  Declared  ^  That  if  any  Ships 
or  other  VcflTclls,  be  it  Friend  or  Enemy,  fhall  fufFcr  Shipwreck  upoi\ 
ourCoafls;  there  fhall  be  no  violence  or  wrong  offered  to  their  Pcrfons  or 
Goods,  but  their  Pcrfons  fiuH  be  Haiboured  and  Releivrd,  and  their 
Goods  prcTcived    in    fafety  ,  till    Authority  may  be  Certified  and  fhall 
take  further  Order  therein, 

Alfo  any  Whale,  or  fuch  like  great  Fifh  caft  upon  sny  fhorc,  fhai 
be  be  fafely  kept,  or  improved  where  it  cannot  he  kept,  by  the  Towne 
or  other  Proprietor  of  the  Land,  till  the  General  Court  iTiall  take  Ordct 


for  the  fame,     £  i'^4'y  1647.'^ 


WRITS. 

IT  is  Ordcced  by  this  Court  and  the  Authority  tFicreof,  That  henceforth 
all  Wntts,  r.ocefsapdIndi<f^mcnts,  (hall  by  all  Magiltratcs,  the  Secret- 
ary, Clerks  cf  the  feveiul  Courts  and  Wntts,  be  made  and  ftnt  forth  itA 
Jus  MajeRies  Name :     i.  e.      You  are  heicby  Required  in  his  Majefties 

F     I    S^    I    S 


7rifdms  and  Formes,  i6z 


*>Sxip>  t)*i>  tJ!v>  «jr»»  »-;•*  «-j«*  *T>  ••;•<  •".o  e-to.  t^x-i  "i^  «-.'•  "-r^ Xi>y z.;.TVi^ z.-.  5<& 


of  things  freciHentlj  Vfed, 


7^^^  O  C.  T-  ^  ]  Carpenter,  of  [  Z).  ]     You  are  Required  in  His  Ma- 

^^  jcfticsName  to  appear  at  the  next  Court,  holden  at  ^B.]  on  Sutmi^-JS 
^\  the  day  of  the  month  next  enfuing-  to  anfwer  the  complaint 
,  y.c^^*  of  [^-CJ  for  withholding  a  debt  of  due  upona  £o;;H  or 
""Sill:  or  for  two  Heifers  &c.  fold  you  by  him;  or  for  work  or  for 
a  Trefpafs  done  him  in  his  Corn  or  Hay  by  your  Cattle,  or  for  a' Slander 
■you  have  done  him  m  his  name,  or  for  Striking  him,  or  the  hke;  And  here- 
of you  arc  not  to  fayle  at  your  Peiil.     Dated  the    day  of  the    Month 


TO  the  Marfhal!  or  Conftable  of  [5.  J  or  their  Depoty.         You  are  Attach- 
Required  in  His  Majefties  Name  to  Attach  the  Goods,  or  for  want  ther-  ^lenti 
of  the  Body  of  [W.F.]  and  to  take  Bond  of  him  to  the  value  of 
■with  fuflicicnt  Surety  or  Suietyes   for  his  Appearance  at  the  next  Court 
iolden  at  [_S.'\  on  the    day  of  the  Month;     then  and  there  to  anfwer 
•the  Complaint  of  [T.  M.~]  for  &c.  as  before.     And  fo  make  a  true  Re- 
turn thereof  under  your  hand.    Dated  the  .day  &c. 

By  the  Court  2^.  F. 

KNOW  all  men  by  thcfe  prefents,  that  we  [^-S]  of  [D.;i  Yeoman,  v,^d  A>. 
and  [C.C.J  ot  the  fame, Carpenter,  do  bind  our  fclves   ourHeircs  ^ 
and  Executors  to  C^.  f.  ]  Marlliall,  or  [/t^.  O.]  Conftable  of  [  Z).]  ^^'i''"*''^"^^^ 
aforcfaid,  in        Pounds        upon  condition  that  the  faid  [  j4.B.^   Oiall 
pcrfonally  appear  at  the  next  Court  at  f  5.]  to  anfwer  \_L.  M.  ]  in  an 
A^ion  of        And  to  abide  the  Order  of  the  Court  therein,  aad  not  to 
depart  without  Licence. 

TO  the  Marfhal!  or  Conftable  of  You  are  Required  in  His 

Maicfties  Name,  to  Replevic  three  heifers  of  [T.t.]  now  diftrein-  'RebUvln. 
ed  or  impounded  by  £  zyi.  FJ  and  to  deliver  thtm  to  the  faid  [  T.  i*.  J 

^  P  -?  Provid 


163  TreftdentS  and  Formes, 


TrovJoei\  he  give  Bend  Ic  the  Value  of  wilh  fu/Ticient  Sofdyor 

Suretyes  to  profecufc  bis  Keplivinar  the  next  CtSurt'holden  at  [J.]]  and 
To  frem  Court  lo  Court  till  tl>c  Caufe  Ise  crimed;    and  io  pay  fuch  Cods 
and  Damages  as  the  faid  [_  y^.^.']  flia'l  by  Law  Recover  aj;ain(l"himj 
And  fo  make  a  tiuc  return  iheicot  under  yourliatfd     X)flte3  &^c. 


vv 


Hera!  u^on  ferkus  Corfieraim^  We  have  cOYidUded  a  CcnfiJeracie 
vpilh  I  he  Ettgl.Jh  ColMtes  of  New-Plimouth     and  Com  dud  ,  as 
ihc  "Bond  of  Nature ,  Rcajan ,  Religion  and  Hefped   io  our  Nation  doLh 
Commijfion-   Require., 

enforxbiV-  We  have  this  Court,  Chofen  our'Truflie  aird  we)!  beloved  Friends, 

Tiited  Colo-     [5..B.3  and    [T.  JD.]    for  thisColonie^  for  a  full  and  complcM  Year, 
^^^j  as  any  Occal'ions  and  Exigents  may  "Require,  and  particlarly  for  the  next 

meeting  at  [  P  3      And  do  Inveft  them  with  full  Power  ahci  Aulhoniy. 
'TheirPower    to  Treat   and  Conclude  of  all  thrnge,  according  to  the  true  Tenour  and 
Meaning  of  the  Articles  of  Confederation  of  the  Umied  Colonies,  Con- 
cluded by  the  General  Court  heldat  "Sojicn  ihefficcnth  of  May.  ^^1^7:^ 


"T7"\  /Horeas  1    [j4.5.  3  am  an  Inhabitant  within  this  JurisdiiRion, 

V     V     Confidering  }iow  I  ftand  Oblfged  to  the  Kings  Majefly,  his 

Heires  and  SuccefTors,  by  our  Chatter  and  the  Government  Xflabliflied 

thereby  ^  Do  Swear  accordingly  by  the  great  and  dreadfull  Kame  of  the 

OaXh  of  1 1-  Xver-Living  God,  that  I  will  bear  Faith  and  true  Allcgiapce  to  our  So- 

dd'itii.  vcraingn  Lord  the  King,  bis  Heires  and  Succe/lore -,   and  that  J  will  he 

True  and  Faithfull  to  this  Government,  and  accordingly  yeikl  AlViilnnce 

thereunto,  with  my  perfon  and  efiate,  as  in  equity  lam  bound; 

And  v^ill  alfo  trucly  endeavour  to  Maintain  and  "Preferve  all  the  liber- 
ties ahd  Priviiedges  tnereof,  Submiting  my  felf  unto  ihe  wliolf  Tom  Laws 
made  and  cftabljfhed   by  the  fame. 

And  farther  rhat  i  will  not  Plot  or  practice  anyevlll  agaiaft  if,  or  con- 
fent  to  any  that  ft)all  fo  doj  but  will  timely  tJifcover  and  reveal  tliefame 
to  Lawful!  Authority  now  here  eftablrfhed,  for  the  fpeedy  preventing 
thereof.        So  help  me  God  in  our  Lord  Jeius  Chri/?. 


VV 


Hereas  I  [  A.  ^.  J   being  an  Inhabrlant  of  the  ."Iuri:-di<fli(in  of 
the  JiaJfachufcCs,  and  now  to  be  made  free.     X)o  hereby  ac- 
knowledge my  felfe  to  be  ftibje<ft  to  the  Governnient  thereof  (  Confider- 
ing how  I  ftand  obliged  to  the  Kings  Majefty,  his  Heires  and  f^otcedcrs, 
Ffeemam       by  our  Charter  and  the  Government  eflablifhed  Ihtrchy      X>o  Swear  ac- 
Oath,  cordingly,  by  the  Great  and  Drwdfull  Name  of  the  Ever  Livirg  GOJD. 

thar  I  will  bear  Taith  and  true  Alcgiancc  to  our  SovcraieneLord  the  King,, 
bis  heires  and  SiiccelTors,)  and  that  1  will  be  True  and  .Faithful!  to  the 
fame,  and  v/ill  accordingly  ytild  AfTiftance  and  Support  thertunio  witit  my 
perfon  and  efVate,  as  m  equity  1  am  bound;  And  will  alfo  truelj-  endea- 
vour to  maintain  and  prefcrvc  all  the  Libert lec  arid  privilcdg'es  iStreof,  fiili- 
Tiutting  my  telle  to  thcwolefome  haws  made  and  eftablifhcd  by  thefarn-f. 
And  farther  that]  willnot  Plot  nor  PfadlicearylivilUgamft  it,  or  confcnt 
to  any  thai  thall  fo  do,  "but  will  timeJv  difcover  ^ni  ''eveal  the  ^^Ttw  to 


Ficfdenls  and  Formes.  J64 


Lawfiill  Authority  now  here  cflablifhcd,  for  the  (pecdy pre. cnticn  thereof. 
Moreover  1  do  Solemnly  bind  my  fclfc  in  the  light  of  God,  that 
when  I  OiaJl  be  called  to  give  my  Voycc  touching  any  fiich  matter  of 
this  State  whcrin  Freemen  are  to  deal,  I  will  give  my  Vote  andSuffiage 
as  3  fhalJ  in  tr::r.c  own  Confcience  judge  bc-n- to  Conduce  and  tend  to  the  Pub- 
lick  Weak  of  the  body,  without  refpert  of  perfons  or  favour  of  any  inan. 
00  help  lae  God  in  our  Lord  Jefus  Chrift. 

WHercas  you  [^1^  B."]  ff^.  are  Chofen  to  the  place  of  ^operwowr, 
over  this  Jurisdidion  of  the  iJPfaJfachufets^  for  this  year,  and  Governcurs 
I'M  i  new  be  Cofen  and  Sworn,  Confidering  how  yoa  ftand  Obliged  to  Oath. 
tlic  Kings  Majcfty,  his  Heircs  and  SuccelTours,  by  our  Charter  and  the 
Govertmcnt  eftablifhed  thereby ;  Do  Swear  accordingly  by  the  Great 
and  dreadful!  Name  of  the  Ever-Living  God,  that  you  will  bear  Faith  and  true 
Allegiance  to  our  Soveraigne  Lord  the  King,  his  Heirs  andSuccclIors;  thaC 
you  will  in  all  things  concerning  your  place  according  to  your  beft  power 
and  skill,  Carry  and  Demean  your  felf  for  the  faid  time  of  your  Govern- 
rnent,  according  to  the  Lawcs  of  God,  and  for  the.  Advancement  of  his 
Gofpcl,  the  Laws  of  this  Land  and  the  good  of  the  people  of  thisjurisdicfli^ 
on. 

You  fhall  do  Juflice  to  all  men  without  partiaility,  as  moch  as  in  you 
lycth,  you  fliall  not  exceed  the  Limitations  of  aGovernour  in  your  place. 
So  help  you  God,  in  our  Lord  Jsfus  Chrift. 

WHcreas  you  [  ?.  I-.  ]  arc  Chofen  to  the  place  of  the  "DepMy  Co-  Deputy  Go 
vcrnuur  6ic:  as  in  the  Govcrnours  Oath,  mutatis  mutandis.  rermws 


Oath. 


'\J  *!  THereas  you  [^  5.  J5. 3  arc  Chofen  to 'the  place  of  AtTiftant  over 
V  V  this  Jurisdiction  of  the  tJlfaffucbufets,  for  this  year  and  until! 
new  be  chofen  and  Sworn;  Confidering  how  you  ftand  Obliged  to.  the 
Kings  Majcfty,  his  Heiis  and  SuccefTors,  by  our  Charter  and  thsGovcm- 
rticnt  eftablifhed  thereby  ;  Do  Swear  accordingly  by  the  Great  anddrcad-  ^ 

full  Name  of  the  Ever  Living  God  ,  That  you  will  bear  Faith  and  tiue  f^U'J''*^^ 
Allegiance  to  out  Soveraigne  Lord  the  King,  his  Heirs  and  SucccfTours  ;  ^'^^ 
That  you  will  tnicly  endeavour  according  to  ycur  beft  skill  to  carry  and 
demean  ycur  felfe  in  your  place  for  the  faid  time,  according  to  the  Laws 
of  God  and  of  this  Land,  for  the  Advancement  of  the  Gofpel,  and  the 
good  of  the  People  of  this  Jurisdiction ;  You  ftiaU  Difpenfe  Juftice 
equally  and  impartially,  according  to  yout  beft  skill  in  all  Cafes  wherein 
you  (hall  Aft,  by  Viruc  of  your  place;  You  (hall  not  wittingly  and 
willingly  exceed  the  Limitations  of  your  place,  And  all  this  to  be  under- 
flocd  duri::g  your  aboad  in  thi£  Jurisdiaion.  So  help  you  God  in  our 
lord  fefus  Chnft. 

xZXJhcreis  you  IJ.  L."]  have  been  Chofen  to  the  Office  of  a  Scv-  Major  Ce 
V  V  ^imi  M^jor  General,  of  all  the  Mtlitar^  Fcrcis  of  this  Jutif-  jerah  Oath 
tlflion  lot  this  prefent  ye&t;  Confidering  how  you  ftand  Obliged  to  the. 

Q„<1  Kings 


i6^  PrepdeMs  and  Forms. 


Kings  Majefty,  his  tieir  s  anuSuccelTors  by  our  Charter  and  the  Govern- 
menc  eaabliflicd  thereby  j  Do  Sv/ea?  accordingly  by  the  Great  and  drcad- 
full  Kame  of  the  Ev£t  Liviag  God,  That  you  will  bear  Faith  and  Hue 
Allegiance  to  our  Sovcreigne  Lord  the  King,  his  Heires  and  Succeffcurs- 
And^'that  by  your  bcft  skill  and  ability  you  will  Faithfully  difcharge  the 
Truft  committed  to, you,  according  to  the  Tcnour  and  Purport  of  the 
CcmmilTion  given  you  by  this  Court.    So  help  you  God.&c. 


vv 


rHereas  you  [  R.  Ji.^  are  Chofcn  Treafunr  for  the  Jurisdicl^ior of 
the  Alajfachufets  fox  this  year,  and  until  a  new  be  Chclcn,  Do 
T'reofurm  proinife  to  give  cut  Warrants  with  all  convenient'diligence  for  collcciing 
Oath  all  fuch  fums  of  Money  as  by  any  Court,  or  oth'eiwife  have  bcen,orfhalI 

be  appcinied,  and  to  pay  out  the  fame  by  fuch  futTiS,  and  in  fuch  manncE 
as  you  lliall  be  lawfully  appointed  by  this  Court,  if  you  fhall  have  it  in  your 
hands  of  the  common  Treafury.  And  to  return  the  names  of  fuch  Con:r 
ftablej;  as  fhall  be  failing  in  their  cfRce  in  not  colleifling  and  bringing  in 
to  you  fuch  fums  as  you  fhall  give  Warrant  for:  And  render  a  true 
Accorapt  of  all  things  concerning  your  faid  Office,  when  by  the  General 
Couit  you  fhall  be  called  thereto.  So  help  you  God  in  our  lord  Jefcs 
Chtift. 


Sicntayici    \  7'\  /Hereas  you  ^S.H.']  are  chofcn  Si^crerary  for  ihe  year  enfuit^s.]; 

■'^ath  ^    ^     ^^"^^  ^°  ^^'^^  Swear  by  the  Evcrliving  God,  that  you  will  itv 

all  things  faithfully  demean  your  fclf  in  the  faid  Office;  That  you  will 
trucly  and  uprightly,  according  to  your  bcft  skill  and  Wifdome  frame alF 
Acls  aad  Inflruments  of  publick  concernment  referring  to  your  Office, 
ducly  obftrving  fuch  Dire^icns  as  fhall  from  time  to  time  be  given  unto 
you  by  the  General  Court  or  Council  of  this  Ccmmonweah,  and  fairly 
Record,  and  fafcly  keep  the  fame  :  That  you  will  not  difclofe  thj  ccn- 
fuirations  of  the  General  Court  where  at  any  time  you  fliall  have  cxprefs 
charge  of  fecrefic,  nor  of  the  Council  where  at  any  time  you  fhail  have 
like  charge  of  fccrefie :  That  you  will  without  delay  impart  to  the  Go- 
vernour  or  Deputy  Governour,  v/hat  ever  Letter  or  Information  fhall 
come  to  your  hand,  icfcrring  to  your  Office,  and  of  publick  Ccnccrnnicnt 
to  the  Common  weal.  General  Court  or  Council;  and  that  you  will  not 
Wittingly  or  willingly  exceed  the  limits  of  your  place.     5ohclp,  &c. 

YOU  [W.A.']  here  Swear  by  the  Nam.e  of  the  Evcrliving  God; 
That  m  the  Office  of  a  Publick  Notary  to  which  you  have  been  cho 
tcnesOaXh.  ^g^.  ^^^  ^J^  i;)erne3n  your  feif  diligently  and  faithfully  according  to 
the  duty  of  your  Office;  and  in  all  Writings,  Inflruments  and  Articles 
that  you  are  to  give  Tcliimony  unto  v/hen  you  fhall  be  required,  you 
fhall  perform  the  fame  truely  and  fmcerely  according  to  the  nature  there- 
of. Without  delay  or  Ccvini  And  you  (hall  enter  and  keep  a  true  Re- 
gtftcr  of  all  fuch  things  as  belong  to  your  Office.     So  help  you,  &c. 


You 


Pyefidents  and  forms.  I'SS 


Y 


OU  ££.M.2  ftia"  diligently,  faithfully,  and  with  what  fpeed  you  Mar(haU 
may,  colled  and  gather  up  all  fuch  fines  and  fums  of  money,  in  fuch  Oatb 
Goods  as  you  can  finde  of  every  perfon,  for  which  you  fliall  have  War- 
rant fo  to  do  by  the  Treafurer  for  the  time  being;  And  with  like  faith 
fulnefs,  fpccd  and  diligence,  lea  vie  the  Goods  of  every  perfon,  for  which 
you  fhall  have  Warrant  fo  to  do,  by  virtue  of  any  Execution  granted  by 
the  Secretary  or  other  Clerk  Authonz-ed  thereunto  for  the  time  being  -. 
And  the  fame  Goods  fo  CoHeded  or  Leavied,  you  fhall  with  all  conve- 
meiit  fpeed  deliver  in  to  the  Treafurer,  or  the  pcrfons  to  whom  the  fame 
fhall  belong;  And  you  fhall  with  like  care  and  faithfulnefs  fcrve  all  At- 
tachments dire<f\ed  to  you  which  Oiall  come  to  your  hands,  and  return 
the  fame  to  the  Court  where  they  are  returnable,  at  the  times  of  the  re- 
turn thereof.  And  you  fhall  perform,  do,  and  execute  all  fuch  lawful 
Commands,  Direiftions  and  Warrants,  as  by  lawful  Authority  here  efta- 
bhfhed,  fhrill  be  committed  to  your  care  and  charge  according  to  ycuc 
Office.  All  thcfe  things  in  the  prefence  of  the  living  God,  you  binde 
your  felf  unto  by  this  your  Oath,  to  perform  during  all  the  time  you 
continue  in  your  Othce,  without  favour,  fear,  or  partiality  of  any  perfon. 
And  if  you  meet  with  any  cafe  of  difficulty,  which  you  cannot  refolve 
by  your  fclf,  vou  may  fufpend  till  you  mav  have  Advice  from  Authority; 
So  help.  &c. 


FOrafmuch  as  every  Jl^a^ljlrate,  jijfcclaie,    Commifwners  for  frnall  Can 
fes,  &c.  are  under  an   Oath  of  ^ody  and  that  no  provifcn  hath  been 
made  for  fuch  as  are  invejled  with  Magtjlratical  fower  by  this  Couri -^ 

It  is  Ordered  ;  That  every  man  to  whom  fuch  power  is  derived,  fhall 
henceforth  take  the  Oath  here  under  written  before  fome  Cou.nty  Count 
or  Magiflratc,  before  he  Exert  his  Authority  therein: 

V\/^Hcreas  you  [l^.'S.']  Appointed  and  Commifljonated  to  Aft  and  Comrniffiori] 

Do  in  lundry  refpefts  as  any  one  Magiftrate  may   do,  as  expref-  ^rs  Oaili 
fed  in  your  CommilTion-,  You  do  here  Swear  by  the  Great  and  Dreadful- 
Kame  of  the  Evcrliving  God,  that  you  will  faitiifuUy  Demean    your   felf 
therein,  without  favour  or  affe(fhon  to  any,  to  the  befl  of  your  knowledge, 
according  to  the  Laws  here  eUablifhed :  5o  help  you  God,  &cc. 


YOU  [^M.  N."]  being  chofen  Aflbciate  for  the  Court  for  this  year,  Ajjoa.'iles 
and  till  new  be  chofen,  or  other  Order  taken ;  Do  here    Swear,  th:it  Oaih 
you  will  do  equal  Right  and  Juilice  in  all  Cafes  that  fhall  come  before 
you,  after  your  beft  skill  and  knowledge  according  to  the  Laws  here  eila- 
blifhed,  So  help  you  God,  &c. 


A  7  \J  Berefoever  a»)  Three  Men  are  deputed  to  end  Small  Caufes,  the 
^     ^    Confiable  of  the  place  within  one  Moneth  after  (hall  return  their 
Names  to  the  next  M*?,'Jirate^  who  fhall  give  Summons  for  themforthixiih 
to  a^j^ear  before  them  j  who  jhull  admim/ler  to  them  this  Oath  ; 

Qji  2.  You 


i67 


J'nftdints  and  '^ormn. 


Three  metis 
Oath 


xrOU  f  ^.  B. ]  being  chofen  and  appointed  to  end  fmal)  Caufes  not 
j[  Q-Kcecding  fort y  jhiliiyigs  value,  according  lo  ths  Laws  of  this  Jurifdj- 
€^ion  for  this  vear  enfueing  j  Do  here  Swear  by  *he  living  God,  th-?t 
without  favour  os  alT«(f^ion,  according  to  your  beft  hght;  you  wi!!  true 
judgement  give,  and  make,  in  all  the  Caufes  that  conie  belore  you :  So 
help  you  God,  &c. 


Crand-Ju- 
ties  Oath 


YO  U  Swear  by  the  Living  God,  that  you  will  diligently  inquire  and 
faithfully  Prefent  to  this  Court  whatfoevcr  you  know  to  be  a  breach 
of  any  Law  eftablifhed  in  this  Jurifdidioa  according  to  the  mindeofGodj 
And  whatfoever  Criminal  Offences  you  apprehend  fit  to  be  hete  prefentcd, 
uniefs  fome  neccfTary  and  Religious  tye  of  Confciencc  truely  grounded, 
upon  the  Word  of  God  binde  you  to  fecrcfie.  And  whatfoever  fhall  be 
legally  committed  by  thss  Court  ti)  your  Judgement,  you  will  return  a 
true  and  juft  Verdid  therein  according  to  the  Evidence  given  you,  and 
the  Laws  Eftablifhed  amongft  us;  So  help  you  God,  &c. 


YOU  Swear  by  the  Living  God,  that  in  the  Caufe  or  Caufes  now  le- 
,  ,  .  -  gaily  to  be  committed  to  you  by  this  Court 5   You  will  true  Tryal 

Oath  make,  and  juft  Verdift  give  therein,  according  to  the  Evidence  given  you^ 

and  the  Laws  of  this  Jurifdiftion :  So  help  you  God,  &c. 


Oath  of         you  Do  Swear  by  the  Great  Name  of  Almighty  God;  that  you  will 
.Life  and  vve/l  and  truely  try,  and  true  deliverance  make  of  fuch '  Prisoners  at 

Death  t^c  Bar,  as  you  fhall  have  in  charge,  according  to  your  Evidence :  So 

help  you  God,  &c. 


Witnefes 
Oath 


Y  O  U   Swear  by  the  Living  God,  that  the  Evidence  you  ftiall  give  to 
this  Court  concerning  the  Caufe  now  in  qucftjon,  »hall  be  the  Truth, 
the  whole  Truth,  and  nothing  but  the  Truth:  So  help  you  God,&c. 


Vntimely      V"  O  U    Swear  by  the  Living   God,  tha'  you  will  truely  prefent  the 
Death  Caufe  and  manner  of  the  Death  of  [  J*.  -S.  3  according  to  Evidence, 

or  the  light  of  your  Knowledge  and  Confciencc:  So  help  you  God,  &c 


The    Form  of  the  Oath  to  he  Adminiflnd  to  the  Sergeant-Majors  of  the 
feveral  Regiments,  arid  fo  Mutatis  Mutandis  to  the  other  Miittary^ 

Offirers. 


Sergeant  T7'f /iriereas  you  [  j^.  S.J^avc  been  chofcn  to  the  Office  of  Sergeant 
Major 6'  0-  V  \  Major  of  the  Regiment,  in  the  County  of  \^A^-']  for  this  prefent 
zker  chief  Of  year,  and  until  another  be  chofcn  in  your  place;  You  do  here  Swear  by 
ficers  Oath,  the  Living  God,  that  by  your  beft  skil  and  ability,  you  will  faithfully- 

discharge 


FreCfdents  and  For -.net.  j68 


difcharge  the  truft  committed  to  you,  according  to  fucH  Commands  and 
Direftions  as  you  ftiall  from  time  to  time,  upon  all  occafions  receive  from 
the  ScrgeaMt  Major  Ceneral,  by  virtue  of  his  CommifTion  from  the  Court, 
and  according  to  the  Laws  and  Orders  by  this  Court  Made  and  Eftablj 
{hcd  in  this  behalf:  So  help  you  Jod,  &c. 


^''OU  [X--^- J  Swear  trudy  to  perform  i5ic  Office  of  a  Clerk  of  a  c\erk.of  the 
Trained  Band,  to  the  utmoft  of  your  Ability  or  Endeavours,  accor-  Bandt  Oatb 
ding  to  the  particulars  fpecified,.(  and  peculiar  to  your  Office  j  in  the  Mi- 
litary Laws:  So  help  you  <?odj  &c. 


VoU  fhall  faithfully  Endeavour  with  all  good  Conrcicnce,foDifcharge 

this  truft  committed  to  you,  as  you  (hall  apprehend  to  Conduce  moft  Commijjim 
to  the  fafety  of  this  Common  Wealth:   You  fiia'J  not  by  any  finiilre  de-  ertoftbe 
vices,  or  for  any  partial  refpcdts,  or  private  ends,  do  any  thing  to  the  Martial 
hindrance  of  the  effects  of  any  good  and  fcafonabic  Councils;     Youfiiall  Di/ci^lhie: 
appoint  or  remove  no  Officer  by  any  partiality,  or  for  pcrfongl  refpcds  Oath 
or  other  prejudice,  but  according  to  the  merit  of  the  perfon  in  ycur  ap- 
-prehenfions :     Yop  (hall  faithfully  endeavour  to  fee  that  Martial  Difci- 
plinemay  be  ftriftly  rpholden,  not  eafmg  or  butthening  any,  otliciwife 
then  you  (hall  judge  to  be  juft  and  equal :     You  (hall  ufe  your  powei 
Dvcr  nien9  lives,  as  the  lad  and  only  means,  which  in  your  bcft  appre- 
hentions  (hall  be  xnofl  for  the  publick  fafety  m  fuch  cafe ;   So  help  you 
Cod,  &c 


"^^Hereas  you  J^£.  G.  j  are  chofenConftabfe  within  the  Town  offC] 
for  one  year  now  following,  and  until  other  be  fwornin  the  place: 
You  do  here  Swear  by  the  Name  of  Almighty  God,  that  you  will  care-  Conftahlg{ 
fully  intend  the  prefervation  of  the  Peace,  the  difcovery  and  preventing  Oatb 
all  attempts  aga:nft  the  fame:  You  fliall  ducly  execute  all  Warrants 
which  fhall  be  fcnt  unto  you  from  lawful  Authority  here  Eftabli (lied,  and 
ihall  faithfully  execute  all  fuch  Orders  of  Court  as  are  committed  to  your 
care:  And  in  all  thefe  things  you  fhall  deal  ferioufly  and  faithfully  while 
you  (hall  be  in  Office,  without  any  finifirc  refpciSs  of  favoucordifpleafuje; 
50  help  30U  God,  &c. 


vv 


Hereas  ycu  [^f-C]  are  chofcn  an  Officer  for  the  Searching  and 
Scalsng  of  ieatiierj  within  the  Town  where  you  now  dwell,  for  Lsatlierfea- 
the  fpace  of  a  year,  and  uH  another  be  chofen  and  fworn  in  your  room;  '^''i  O'*^^ 
Yoo  do  here  Swear  by  the  Ever  living  God,  that  you  will  carehil!s,>  and 
duely  attend  the  Execution  of  your  faid  Office  with  all  faichfulncfsforlhe 
good  of  the  Common-wealthj  according  to  the  true  intent  of  the  Law* 
in  foch  caiie  prccidLd:  So  help  you  God,&r.. 


^'  You 


I<$9 


Pref dints  and  Fcrtns. 


Clerk  of 
Markets 
Oath 


"Y  oil  \_C,X>.^  here  Swear  by  the  Ever  living  God,  that  you  wii' from 
time  to  time,  faithfully  execute  your  Office  of  Clerk  of  tlie  Market 
in  the  Limits  whereto  you  arc  appointed  for  the  cnfVifing  Vfar,  and  till 
another  be  chofen  and  fworn  in  your  place;  And  that  you  willdo there- 
in impartially^  according  to  the  Laws  hcie  eflablifhtd  in  all  things  to 
which  yoor  Office  hath  relation:  So  help  ycu  God, &c. 


Serrcbers 
Oalh 


"Y"  OU  [5.  5.  3  do  here  S<Acar  by  the  Ever  living  God,  that  you  will 
to  your  power  faithfully  exscuts  the  Office  of  a  Scarclier  for  this 
year  enfucing,  and  til!  another  be  chofen  and  fworn  in  -^our  place  con- 
cerning; all  Goods  prohibitedj  and  in  (pectal  for  Gun  powder,  Shor,  Lead, 
and  Amunition:  and  that  you  will  diligently  fcarch  all  Vcflds,  Cauiagts, 
and  Perfons  rhat  yen  fhall  know,  ful'pe<ft  or  be  infonncd,  are  about  to 
tranfport  or  carry  any  thing  out  of  this  Juiifdi^Jon  contrary  to  Law. 
And  that  you  will  impartially  iazt,  take,,  and  keep  the  fame  in  yourowa 
Cu/lody  :  one  haff  part  whereof  fliall  be  for  your  ferMce  in  (he  faid  place, 
the  other  you  fliall  forthwith  deliver  to  the  TrcaCuftr  :  All  which  Goods 
fo  feizfd  and  dilpofcd  you  fhall  certifie  under  )ovr  hand  to  the  Auditor 
General  withia  one  moneth  from  time  to  time:     So  help  you  God,&c, 


J}priiers 
Oath 


\A/"Hereas  you  [^T.  D."}  are  chofen  Appriier  of  fuch  land  or  Goods 
as  are  now  to  be  prefented  to  you ;  You  do  here  Swear  T^y  the 
living  God,  that  all  partiality,  prejudice  and  other  fmifire  refpefls  laid 
afldc,  you  flia!!  Apprize  the  fame,  and  every  part  thereof,  according  to 
the  true  and  juft  value  thereof  at  this  prefent  by  common  account  by 
your  beft  judgement  and  confciencc:  So  help  you  Codj&c. 


Viewers  of 
Tifejiaues 
Osth 


"X/l/Hereas  you[^J.B.']  zre  chofen  Viewer  of  Pipcflavcs  uithfn  the 
Town  of  [^£.'}  You  do  here  Swear  by  the  Evei  living  God,  that  at 
all  convenient  times  while  you  fhall  be  in  place,  when  you  fliall  be  re- 
quired to  execute  your  Office,  you  fhall  diligently  attend  the  fame,  and 
fliali  faithfully  without  any  fmifire  refpec^ls,  Try  and  Sort  all  ?ipc-ftavcs 
prefented  to  you,  and  to  tDake  a  true  Entry  thereof  according  to  Laws 
So  help  you  God,  &c. 


Ciijlomers 
Oalh. 


\A/  Herezs  you  d^i?.^.]  are  chofen  Cuflomer  for  the  year  cnfueingf. 
You  do  here  Swear  by  the  Ever  living  God,  that  you  will  from 
tnne  to  time  faithfully  execute  your  Office  to  your  befl  skill,  according 
to  the  Orders  of  this  Court,  for  the  Cu/lome  of  all  fuch  Goods  as  arc 
Imported  or  Exported,  due  by  Llw  unto  the  Country,  and  all  other 
things  belongirjg  to  your  Office,  and  to  give  a  true  Accornpt  to  the  Trca- 
furer  at  the  end  of  every  three  Moneths  from  time  to  time,  or  when  you 
fhall  by  Law  be  thereunto  required:     So  hjlp  you  God,6cc. 

You 


Prefident:  and  FoYtna.  lyc 


You  Swear,  &c.  Thatyou  fhall  Impartially  view  fuch  Fifh  89  arc  pre-  ,        . 

fcnted  before  you,  and  determine  what  part  thereof  isMercliontable,  p-^i^^t  ^ 

and  which  is  Refufe  Fi(h  and  im-Merchantablc,  according  to  your  bcit  ^'jP^'*^"> 
skill,  knowledge  and  judgement:    Sc  help  you  Goo,  &c. 


"V/^'Y^Hercas  you  \_^.B.']  are  chofen  a  Packer  of  Beef,  Perk,  and  o- 
ther  things  for  the  Town  of  [i?.  J  You  do  here  Swear  by  the  Li- 
ving God,  that  you  will  well  and  truely  Pack  all  Beef,  Pork,  and  other  packers 
things  when  you  fhall  be  thereunto  required  j  You  (hall  Pack  no  kinde  of  Oath. 
Goods  but  fuch  as  are  good  and  found,  tior  any  Goods  in  any  Cask  that 
is  not  of  a  juft  and  full  Gagej  you  (hall  alfo  fet  your  particular  Mark 
upon  all  Cask  Packed  by  you^  and  in  all  things  proper  to  the^  place  of  a 
Packer,  you  fhall  faithfully  difcharge  the  fame  from  time  to  time  accor- 
ding to  your  beft  Judgement  and  Conlcience :  So  help  you  God  in  our 
Lord  Jcfus  Chrift.      [  i6s2.~] 


F     1     0\C_   1     S, 


F     H    R     A    T 


PAge  I.  line  8  read  &i  May  1671.  in  "Bondflavery  1.  3.  r.  ot /hall /or as. 
Coopers  p. 17. 1. 12.  r.  p.ig.  64. 1  24.  r.  pag.88.  p.4.o.l.4.r.  the  Subfcription 
I.p.r. Adminiftrators  p^6.\.j r.Miniftry.  1. li.r.Hctcrodox.l.w/t.r, /(J^i-.p.f 4, 
fea.z.  of  Fornication.  I.2,  r.  pag.  5  3.  &  after  Punifhment  r.pag.67.  p  56. 1.2&, 

T.privilcdgcJ.3o.r.fufFrage.p.5  7.1.2.rfde,madc.p.77.1.2i.r.appoint  thereunto 
p.€4.1.  ?  t.  r.bcing  thereof.  p.7c.l.2.r.pag.3o.  p. i r6.1.i. r.  relating  p.8o.l, j/.r. 
exprefled.p.i5.forSc(f\.i8.r.r4.for.i7.r.i'6.  next  pager,  folio  t6.\.6.t.  that, 
p.iot.  1. 21.  r.  1 07O.p.9.l.la(t  but  one  r.FeofFecs  in  1.  ult.  1. 167 1 .  p.7  j.l.S.r.ara 
p.i 34.1.17. r. proceed. p.155.  in. r.ExpUcation. 


^  t  St 


^s 


fj  Simmdry  of  the  L  A  IV  S  joregoing  aAlfhahetically 

Vigefted, 

Wherein  P.  ftandeth  for  Page,  and  S.  for  Scd\icn ; 
For  the  right  Improvfmcnt  whereof,  the  Reader  muft  fupply  ihe  figures  of  feme 
Sc^ions  in  the  Laws,  where  they  are  omirted : 


Folio. 


Ability.    Age. 


FOffcr^orts  to^afs  ctway  Lands  &c.p.  i.s. . . 
For  chitfmg  guardians.  ibid 

For  PlanC'if's  or  Defendants.  p.  2.  s.  z. 

who  may  defend  the  right  of  them  that  jre 
under  age.  ibid. 

ferfons  of  any  age  to  anfv^erfor  Crimes,  &c. 

ibid. 
Alay  inform  or  ^rcfent  any  nWfdcmeanour.  ib. 

when  Try  able.  p.i-s.i. 

Rules  for  Entry.  p.2.s.2. 

>Jo  Pldti.or  Evidence  allowed  alter  a  cafe  is 
committed  to  a  Jury.  pzsz 

Of  Trefpafs  under  4»-f.  P-^-f-i 

Brought  to  the  General  Court  ^.j.s.6  , 

Plaintiffs  liberty  to  withdraw.  p.  s.f.7. 

In  civil  A(flions  every  cnc  fecured  from 
damage  by  non  appearance  of  any,  S{e  ap- 
pear anceynon-appearcnce.  p  4,, 
in  myohmtary  Trefpafs,  not  to  proceed  in 
cafe,  Sic  Cattle.                          P.18.S.3 

appeal. 

ftontlnferiour  Courts  to  Courts  of  Jffip.ams 

P.3.S.I. 
How  and  when  to  he  Entred.  ibid. 

From  one  Iifagijlrate  to  County  Courts  ibid 
In  criminal  cafcs  how  to  be  proceeded  in  ibid 
From  Court  of  jljfi/iants  to  General  Court  in 

cafe.  ibid. 

}L%ccuUoa  not  10  be  granted  in  cafe.  s,  i. 
In    matter  of  Law  to  be  determined  by  the 

Bench.  ibid. 

In  matter  of  fiCihy  "Bench andhuy.  ibid. 
RccordiDS  ^^  'jepaidby  the/ippealanti  p. 4.52, 


Rea Tons  therefore  to  be  entred  fix  doyes  be- 
fore the  Court,  ibid. 

Not  Profecuted  to  effeCl  the  penalty.        ibid. 

Who  may  fit  as  fudges  infuch  ji^ions.^^.s'^ 

How  to  ht proceeded  in.  ibid. 

From  ^fjociates  Court  in  Dover  &  Portfm. 

P4.S.4. 

From  one  Magiflrate  to  County  Court,  fee 
Burglary.  p.  i^.S'.z. 

F  rom  OKC  tJffagiflrate  and  Ccmm:ffioners  of 
Towns,  fccCaufes-  p.2r.s.2. 

From  all  or  any  the  Ccmmiffwners  of  Bofton 
to  Court  of  AfTiftants.  p. 2 i.s  j. 

By  Difobedient  children  fentenced  by  a  Ma-; 

gifiratem  Com;vijfioner,ki  cbildren./'.77./.2 

To  County  Court  from  Select  men  doirg 
damage  by  laying  out  High  wayes,  fee- 
High  way  es.  p.<^5.s.2. 

From  one  Magiflrate  to  County  Court,  fee 
L)ing,  p.  9  2. 

By  Tonns  and  Peculiars  in  cafe :  fee  Poor 

p. I J 3.92. 

By  fingle  perfons  to  County  Court  in  cafe ; 
See  Townfiitps.  p.  1 4 8 . s.  3 . 

Appearance,  Non-appearance. 

Not  punifhable  in  cafe,  p  4. 

Not  to  prejudice  any  in  civil  Acf^ions.    ib-.d. 

Perfons  liberty  mt  to  appear  on  Summons  in 
frt/e,  Sec  Attachments.  P  7  s.z 

Of  a  perfon  Indided  of  a  Capital  crime,  his 
Goods  and  Eftate  to  he  fcizfd  m  cafe.  See 
Capital  Laws,  p.ii.j.t/. 

Apparel. 

Who  may  wear  Cold.,6c.  p  5  s.t. 

Penalty  of  ten  fliiliings  on  at!  not  allowed, ibid 
Further  penaltjf,  p.6.s.2. 

Arrcflt. 
Not  allowed  in  cafe,  p.^.r.i* 

Wdiaoainfi  Sailors  w ca(e^  fee  Sailorj.?. '  i4 
A  Aflb. 


The  "fable. 


AfTociates* 

One  may  pumjh  Breach  of  the  Peace,  See 
Breach  of  peace.  p.ii.s.s, 

Thruks  of  ■pumihinint.  ibid, 

To  h  a/Jhvfed.Vy  tbt  Genera!  Court,  See 
Godrts.  P-37.s.7c 

With  one  Mdgfjirate  may  keep  a  Couoty. 
Cotirr.  ibid. 

Their  foever.  ibid. 

Hiive    Magtflraikat  pwefy  See  Prefidents; 

p.s66. 

Their  Oath.  ibid 

^tt  achmcnts  or  Summons. 

May  be  taken  out  againll  anypahti.p.^.Sh 

Not  to  be  granted  to  a  For-mincr  in  cale.ib. 

Of  good,&c,  perfons  to  have  legal  notice, 

ibid. 
To  be  fervL'd.fiK  iayez  before  the  Court,  s.2. 
Pleading,  &c.  not  abated  howj  ibido 

To  T-'xprefs  the  cafe,  ibid. 

To  exprefsin  wliatnamej  the  Tlaintijjelu- 
eth  P.8.S.3. 

Ma.y  be  ferved  by  May.fhalSj  £.4. 

Of  their  DepuueSjSefjixJK?-^  of  Attachments 

mPrejldemSr,  p.s^.?. 

May  be  direfled  to  Conftables,  fee  Clerks 

of  Writts,  p.sfi.s.i. 

Of  their  Deputies  fee  Trefldents^     p.  ^62.. 
Uot  granted  agaiuft  Saj/lois,in  cafajee  Say- 

lors,  P''34- 

Oa  Goods  not  freed  till  Execution  be  fcr- 

vedj  lee  Sureihs,  p.144. 

Form  of  Actachrnefit,  and  Sonrimons,  and 

Bcnd^  See  FrefMnti.  p.  162. 

B 

Bakers 

i-r-  O  baT;e  J  dsftin€^  mark  foibread.piS.s.i 

1    To  inakcBread  of  due  affze  on  pcnaUy, 

ib    To  AITixe  all  Bread  ufed  in  their  Houfcs 

on  petuky.  p.p.s.j. 

Ba  tfafl. 

Not  to  be  taken  from  any  fitore  without 

}»>avcj0:)  penalty,  p.cj. 

Koc  to  be  cxii  into  3  chanrcl,6ic.oji  penalty 

ibid. 
Bartatry. 

\Vh3J  and  how  puaifh.ed,  p,p. 

Bdf/ei/oknce 
When  to  bi  granted.  p.  <,,s.  ^ 


To  pablick  ufcs  to  be  rigMy  improved,   m 
"Bills. 

Affigndgoodtotheylffignee  in  cafe  p  ;« 

Bsjidrjlavsry.  ' 

Kot  allowed, i;;:  lervitode  declared,    t, , <, 

.5o««rfj  ofTowm  and  Ttyf^js. 
To  be  laid  out  in  tveelve  moneths  after  the 

Marks  oRcein  three  yean  to  Us  renicwed  & 

when,  on  penalty  of  negleO.  4ii 

Charges  of  peranibu!ation,howtobe  paid. 

Particular  Bounds  to  be  viewed  once  a  year 

on  penalty.  ^/^^^ 

Brmsr}. 

What  peirfor.s  10  be  ^.ibr/ed  p  f . 

Penalty  on  falec:  .j.^  -^-^ 

Bvtach  of  the  Peace. 
What  the  penally,  who  miay  punift  the 

rules  of  punishment  »  /^  5 

Detainers  of  poflHiloa  after  Execution  ar° 
breakers  of  the  peace  andCriminal  offender^ 

To  be  puiiifhed  hv.  jhe  Com  ih&t  jravc 
Judgement  %-^ 

Bridges. 
Defe<fiive-by  <t/hom  to  hemmhtt^p  >s  si 
By  whom  the  charae  to  be  defrays d^mVec 

more  s  3. 

S'j.-'niary  and  Theft. 
What,  how  puniihcd  p  ,^  j  / 

On  the  Lords  day  how  punifhed  ibid 

In  Orchards  Sic.  how  pvrifbed  p  /JSJ 
Stealing  1 0  s.  and  upward  how  punj(hed,s/ 
Coiicealers  of  Theft,  and  taking  private  fa. 

tssfaflior,  the  penalty  jj,^ 


Capital  Lam. 

O  t-iring  a  Dwelling  Houfc  &c.  fee  firing 
Htrcfie  «  tf  0  s  ^ 

Cask  a^d  Cooper^  Ga£er.,Pa.cker.. 
r  That  arc  tight  to  be  of  Lpndon  ajftx^e 
)  p  i6s  I 

Cask  <To  b(;  marked  with  ±cGa^crs marl^ 

(  ibid 

That 


The   Table, 


^  That  are  defective,  forfeited  to  the 

Cask  )     informer  '^"^ 

^Penafty  to  the  Country  befides  M 

(To  have  a  diftinft  Brand- markoa 

Coopers)     penalty  '''■<^ 

iTo  make  all  cask  of  good  Timber 

^     &c.  and  no  other  on  penalty  '^ 

CTo  Gage  all  cask  for  Liquor,  Beef,  i 

Gager^  &c.  and  no  other  on  penalty     ibid 

^HisFees(for  Gaging  i^^<^ 

To  pack  no  Bccf,&t.  but  m  cask  of 
/     lull  afTize  on  penalty  ibid 

\To  fee  Meat&Fifh  truly  packed,-;^ 
PacKers<  His  Fees  for  Packing        thid-y  ly 
)For  viewing  ^^'^ 

(  Fifhor  Flefh  fold  not  mar  ked  for- 
feited <(«rf 
Coo^ersjlavcs,  See  Tifejtarci 

CattU,  Corn  fields,  £cncei. 
Cattle  that  feed  nithout  a  Kuptr,   to  be 

Branded  p  US  j 

Not  mcrked  t^'el^affing  to  pay  double  da- 

niagt:  i^d 

TJtmcly,  not  to  go  vcithout  Fetters  ibid 

Trifyaffing,  damag  etobe  visveed  b^  two  of  the 

"Tovm  and  judged  ibid 

Orvners  when  known  to  fay  the  damage, Rules 


Indians  who  have  LMtd  pven  them  or  Fur' 
chafed  by  them  {or  Plant  a  tton^to  be  fenced 
at  their  owncbarge  ibid 

charges  Publick.. 
No  perfon  to  be  employed  in  pub!ick  fcrvice 
ai  their  own  charge  pizSi 

Every  Inhabitant  to  bear  publick  charge  in 
Church  and  Common-weal  :>  t 

\t)y  not  paying  their  full  proportion,  coiu- 
pdlable  thereunto  tb'id 

Country  Rates 
Lands  and  Eft  ites  Ratable  where  they  lye, 
pcrfons  where  they  dwell  ibid. 

To  be  Icavied  by  VVana;it  from  the  Treafi;- 
rcr  P23S3 

Tobemadeit)  the  fixthmoneth  thid, 

Who  and  what  is  ratable  tbtd 

Rdlcsfor  AiTcfimcnts  ibid 

To  be  paid  where  pcrfor.s  are  A/Te .Ted     ibid 
To  be  paid  in  Corn  at  price  let  by  the  Gene- 
ral Court,  or  Ccmmi/Tioners  nicntionecf, 

P4s6 
Whatisnicjnt  by  publ  afrer?mcnt,(t'j^.p2j 
Goods  tcndred  for  pay,  to  be  prized  on  the 
place,  if  not  dettiniined  by  Law  p  26  s  5 
Minifters  Ordained,  /ice  from  all  Taxes  ex- 
cept, &:c.  p26s7 
Childreti  &  Touth. 


to  tffuefmh  damagCjthe  damage  fecuredy  ibid    Touth,  under  2  i  years  of  age,  being  tiufred 


Goats 

Found  damage  ftizflnt  to  be  fecured        ibid 

Doing  trefpaj's  to  any  through  their  oWn  de- 

/<«(/t,po  damage  to  be  paid  ibid 

All  harms  by  the^A,  the  Ownm  lopy  double 

damage  P18S4. 

Corn-fields. 

Lyiyg  incommon^to  be  fenced  by  the  owners 

pl7s 

No  Rattle  to  be  put  tn  tvhile  Com  there  ibid 

who  may  determine  differences  about  them  ib 

^ny  Occupier  may  Pence  infereral  s  2 

Partition  Fences  how  to  be  made  and  ordered 

Pro%ifojor  Uoufe-Lot  under  ten  Acres    ibid 
l^kHwfuffuient^no  damage  except  &c.  ib/d 

&P20.  S8 
Cattle- 
damaging  Indians  Curn^to  be  made  good  in 
f'^/f  Sec  Indians  p  76  $7 

Damage  by  Indians  to  be  madtgoodb/  them 

ibid  p  77 

Indians  refufmgto  Fc«cc,help  being  tcndred 

theni,  flhitl  hare  no  damage  ibid 


by  any,  without  ordc  in  writing,  fuch  per- 
fons  (ball  lofe  their  Debt  .  p  27  S  4. 

Incurring  any  penalties,  fuch  as  aie  occafi- 
ons  thereof  fhnll  pay  It  sbid 

Children :  Orphans  in  minority,  not  to  be 
difpofed  off  but  by  Authority,  except  in 
Marnage  p^Sstl 

The  minority  of  women  in  cafe  of  Marriage 

ibfd 
Under  14  years  of  age  pi'Ophaning  the  Sab- 
bath, how  puniflied,  See  Sabbu.h   p  ijiS  i 

Chy,urg€o»Sy  ty^ffdwizeSj  Thifitianf. 

Not  to  ufc  any  violence  or  force  in  their  pra- 

ftife  in  any  cafe,  without  confent  ?  ^s 

Clerl^of  the  WrittSy    Clerks 

To  keep  Records  of  the  Towns  Brand  mark 
See  Corn-fields  p  ,  .>  $  . 

To  grant  Summons  &  Attachments,  &c.  fee 
Clerk  of  VVntts  ?  29  %i  His  fees  ibid 
To  Record  Horfes  (hipt  off,  See  Horfes  s  / 
His  fees  n,^ 

To  Record  Births,  Deaths  and  Marriages, 
S<e  Record*  ^  i2a%  z 

A  z  *   To 


JLT^ 


The   Table, 


To  make  fi.  return  of  the  fame  yearly  ro 
Clerks  of  County  Courts,  on  penalty,  ihid 
To  keep  a  Toll-book  :o  enter  all  Cattle  fold 
into,  See  Tolling  P  147 

Of  Deputies 
To  keep  on  file  the  Conftables  returns  of 

Deputies,  See  Dqutiet  T  41  S  j 

To  receive  fees  for  entry  of  Petitions :  See 

Pettilons  P  izi 

Togiveaccompt  of  Petitions  entrcd  to  the 
Deputies,  \vh  id:  (hall  be  allowed  as  part  of 
hisSalbry  iVid 

Of  Courts. 
To  return  Reafons  of  Appeal  to  the  Court 
of MMtints,  See  Appeal  P4S2 

To  fjgn  Warrant  for  Executions  in  cafes  ci- 
vil or  Cfiminal,/ce  condtmned  p  3  o  s  2 
To  enter  all  Graunts,  Sales,  &c.  fee  Cowey- 
ances  P  3  3  s  5 
To  fignifie  to  Country  or  Counry  Trcafurcr 
within  iij.  daycsv/hat  fines  are  impofcd  on 
any,  See  Courts'  p  51 
To  fend  Warrants  to  Towns  to  chufe  Ju- 
rors: fe  lurors  p8o  s  1 
To  grant  Execution  for  what  is  unpaid  on  a 
foimcr  Execution, /f(  Aiarfliall  Sa 
To  ccrtifie  County  Court  the  ncglcd  of 
C\i\ko\V^'i\iXs,  fee  Records  p  J30S2 
To  Record  Straies  &  loft  goods  and  return 
to  the  Country  Trcafurer,  fecfircijcs  p  14.2  s  2 
To  fend  the  Order  about  Children  to  Con- 
itdh\ci  J  fee  To^nfloips  PJ49S7 
To  keep  a  Book  uf  Accompt  of  Entry  of  A- 
<lions  on  penalty  :  fc  Treafmers,  p  lyi  S4 
To  enform  Coun.Co.of  any  renouncing  Ex- 
cecutorfhip,&c  on  pcnalty,/^^  jr/V/jpjjg  si 
To  cnforro  County  Courts  of  any  Will  pro- 
ved, or  Admiiiillr  jtion  granted                 S  2 

Of  Trained  Bands. 
May  take  Fines  by  Diftrcfs,  by  order  of  the 
Major  &c  chicfOfticcrs,jff  Aiditary  p  107  %2 
To  provide  Arms  P  lo^i  g 

To  take  the  Oath  belonging  to  his  Office,  & 
to  pay  a  p:;naliy  on  relijfal  sio 

Hisduiy,  fee  Mfitt^iry        P  lop,  1 10  s  10 

Of  'Troops. 
To  take  the  Oath  belonging  to  his  Office 

P  Jisn6 
ToLeavy  fines,  &  his  fees  tbid 

When  to  make  Dillrefs  ;bid 

To  leavy  fines  for  not  Watching  ^  1  hz  is 

Of  MarkeU. 
To.  take  the  Oatfa  of  his  Office  ■^  8  s  1 

His  Duty  ihjd 


CcHedge. 
To  be  managed  by  FcofTccs  Tigsj 

The  major  part  of  Fecffcs  may  make  Orders 

ih\d 
Difpofe  of  Gifts  and  Revenues  ih\d 

Tlie  whole  number  may  Repeal  aiid  Alter 
Orders  WU 

May  diftributethe  Countries  allowance  ro 
Frcfident  and  Fellows  Wid 

Comyntffioncrs. 

Of  United  Colonies. 
Tlicir  Power  :  fee  Prefidents  P  /(jj 

0/  Shires  their  duty. 
By  whom  3ppomtcd,/ee  EliOicns.,  V  47  s  ^ 
To  carry  the  Votes  tor  Nomination  of  Ma- 
giftratesto  be  opened  at  Bofton  tbid 

The  time  when,  and  before  whom  to  be  o- 
pcned  ii'id 

To  make  return  to  the  fcveral  Conftablcs 
under  their  hands  of  the  pcrlcns  to  be  nomi- 
nated for  Magiftratcs  ilid 
Commiffioner  for  Suffolk  to  appoint  the 
place  for  opening  ihe  votes                     ibid 

Ccmm^ffioneri  of  Towns. 
In  every  Torr^i  to  icccivc  &  cany  the  votes 
for  ]^ominaticncf /V//3^;_//)Y7M  civd  Cciwtj 
Treat  mors  to  the  Shirc  meetire,  wi)en,  and 
how  to  proceed  :  fee  i  legions  P  ^  7  j  , 

To  c.'iufeoneoutof  ihcmfclves  tocariy  fhc 
Votes  of  the  Shire  to  Bcfton  tbid 

for  making  Rates. 
7  ojo^n  Kith  the  Selc<fl  men ;«  m„kin^  R.nes 
and  hyvihLm^o  be chvfcn  P*3  s  3 

7  0  meet  at  ihtflnrc  Tovtn  the  frfi  fourth  day 
in  Scptembei,  iwr/j  rk?/  /ijfefsments  to  he 
exdminedavdcorreOed  p  24  ibid 

Torcli,y>7tolhe  Treafurcrufider  tl-eir  hands 
what  is  to  he  Uavied  on  eviry  Town,  en  pe- 
nalty ibid  p  24 

To  prize  Corn  for  Rates. 
The  Commifjioners  of  Ifcx,    Sufo'ik,  and 
Middlefex  xvbcrc  the  General  Court  doth  jwty 
to  Fuze  Corn  ibid 

[cmm'lfiOHers  of  Bojion. 
To  be  annually  chofen,/<;e  caufes       p  j  1  s  ^ 
The  number  to  be  chofcn  ibid 

To  be  approved  by  the  Court  of  Affiftants, 
and  fworn  by  them,  or  Coverncur,  or  Deputy 
Governour  jtid 

Totty  Caufes  to  ten  pounds,  the  extent  of 
their  power,  their  Court  ftatcd,  to  pubbfh 
their  Court  dayes  ibid 

lo 


The  .  Table. 


To  impofe  fines  to  40.S.  P  i2  s  5 

May  by  Warrant  fummon  any  oFienders  to 
appear,  ard  n  .ay  punilli  as  one  Magift.  ibid 
To  have  a  Commi(non  under  th-  Secretaries 

hand  ,.     .      •      t.    -r 

Tofincpcrfons  for  gallopingm  the  Town, 

SceCallopng  y^J 

May  fine  any  not  brewing  Beer  according  to 

clt;/r.  try  [mall  fafsfnTo^^- 
^0  be  chofenby  Court  of  Affiftants  or  Coun 

ty  Court. /ecCm/f.^,  ^^''■^{^ 

their  power  .^„,fj,  p,<J^  , 

to  take  an  Oath   Jj^  ,7  pg^ce,  ffi?  'jreach  . 
May  puni(h  breach  of  the  f  Cace,  J  ^  ^  ^  ^  ^  | 

Mav-dffo    of  Cards  and  Dree  orought.n 

K;p:Sorfi«adru»kmMian./«I.; 
May  punifn  anv  th«t  «re  drunk,  J  ^  ^  J^^  r^ 


ccrs  to  execute  Commands  and  Warrants 

Sec  Indians  P  77  s  9 

With  one  Magi{lrEtc,  have  the  power  of  a 

County  Court  ^bid 

Condetr.ntii. 
No  perfon  to  fufFcr  within  6  dayes  after 
judgement  bat  in  fpecial  cafes  p  j  c  s  2 

Not  to  be  unburied  12  hours  except  for  A- 

natomy  iVid 

Conjlabk  his  Office' t-  Duty. 
By  Warrant  to  imprefs  Workmen,     See 

Bridges ,  p  /  2  s  £ 

To  leavy  fines  granted  by  a  Magiftrate  to 

40s    Sec  Burglary^  p/^sr. 

To  return  to  County  Courts  what  fines  re- 
ceived ibid 
Byv/anant  tofearch  for  ftolicn  goods  and 

apprehend  any  fuff'itious  perfon  s  j 

To  prefent  the Gager  to  take  Oath  within  a 

monethon  j^cualiv,  Sp.eCa  k^     pi^s  i 
To  leavy  fines  by  warrant  from  Selecfl  men, 

See  Cat; 'c  p/pstf 

To  ferve  Warrants  or  Attachments  iryable 

bcforeaMogiftrate,  SceCaufes^^  20s  i 
To  obey  the  Warrants  of  three  CommiiTj- 

oncrs  in  Towns  ^'* 

To  obey  and  affift  the  CommiiTivners  of 


^ .  ''^  .,n;i1i  wat\ton  &i  rude  Tinging  in  pub- 1  ^  Freemen  to  chufe  a  Commifilor 

^^■';LPr;I  ....A  :^  1      in  making  Rates,  /..  Changes  PuhU 


S5 
oner 


'lick  houfes  nublick  houles  af- 

tet  prohibition  ctsce<.  ^_ 

Tc  keep  Records  «\J;'^^     ^,     p%  , ,,  s  / 

gainft  any  perfon,      ^--^      P^^^j^  ^-^^ 

t^JypunifhproP^'^""'''''"        p,^,^sj 

Sabfc^tfc  , .     .     Ordinaries  af- 

May  puDifh  any  drinking  mv^  ^^ 

ter  Sun  fet 


MaypUDiinaiiy"' —    «  ^^j  ^ 

,./"!",n-,nIanv  neglcding  to  watch,  [ee  |  ^^^  j^    .g,.  j^  ^ot  obeying  the  Treafu 
May  punilh  any  n  5  p  /  /4  s  /  .      Warrant  * 


m  making  Rates,  fee  Chavgcs  Puhltch^^ 

To  colled  Countrv  Rates, and  pay  to  the 
Treafurers  Order  Jbi: 

To  clear  their  accompts  with  the  Trcafure 
CD  penalty  p  ijjs- 

Tc  Prcfle  Boats  or  Carts  to  carry  in  Rate: 
and  tc  collect  after  expiration  of  his  Office 

ibi^ 
rei 


watches  r        «f  ■  14  years 

May  take  the  teftimo  .y  of  any        47     ^ 

^iigeJceV/Hnejfei  ^      P 

^  Commifmers  Court. 
MaV  punil^  any  RetaUer  of  ftrong  Waters, 
rpnvatchour^eeper,forpcrmitttn6any 

to  tipple,  Scchkcc^cr^    ^iv.y-v^^s^ 
l^oCort^niifricner  may  give  counfcl  mcafc 

SceCcK^jfc'  ._         .  ^'^  • 

Mone  to  be  allowed  Como.te  :n  any 


Warrant  *^ 

To  leavy  Ratesonftrangers  s 

To  inform  of  perfons  entertaining  Youtt 

&c.  See  Children  p27S 

To  fervc  Attachments,  feeClcrkofWrtt^ 

ptps 
H'S  iJepui/  may  fcrve  Attachment?,  Se 

Tnli2ents  ^      ? '/ 

To  whip  any  that  are  fcntenced  thereto  Seu 

CoYiJlabies  P -i  s  / 


None  to  be  allowed  Comtiiite '^  ^^"ly  ,  ^^  ^^j-l^^  j^^^^^  bv  OrderofSeleft  tnen,j&- 
Townbutfuchasare  approved,  ^^^'•f^'^j    To  con  vey  cffcndctJ  accord,  to  Warrant  it. 


p^r  S4 
Commilfmersoflndians. 
Authorized  may  iffue  Cafes  =iniong  tl^em 
fclvesasoncMagifttatr,and  10  have  Offi 


To  con  vey  off  cadet  J  accord,  to  Warrant  tb , 
Td  make  Hue  and  Cry  where  no  Magifttate 
isnar  ?S'i.^ 

B.  ^^ 


The   Table. 


TopurfueHueandCry  »^'^ 

I  o  apprelend  Offenders  ^4^?^ 

To  fcarf  h  for  fuch  pcrJoKS  on  the  Sabbath 

day, or  dfe  J,^'''^ 

To  apprehend  no  perfon  without  marram 


in  writing 


ibid 


May  ceq  uire  aid  in  tHe  execution  of  his  Of- 
fice P3IS5 
To  have  a  Black  ftafF  tipt  with  Erofs  when 
he  executes  his  Office  ?  ^V^ '^ 
NotpurfuingHue  and  Cry  the  penalty,  md 
To  Summon  a  J  ury  on  untimely  death,  See 
Z/ntimely  death  P39 
To  return  the  names  of  Depoties  chofen  & 
for  what  time  on  penalty,/c-e  £'^;2^f-P4'' ^  5 
To  leavy  Rates  for  Minif^ers  maintenance. 
Sec  Ecclefaftical                     P45SJ8' 
To  receive  votes  for  Eleflion  in  cafe.  See 
EleSions                                     P4-7S2 
To  Summon  Frce.'nen  for  Kominatioa  of 
Magiftrares,  ami  when                     P  4-7  ^  3 
To  figniSe  to  the  Freemen  vvho  arc  to  be  put 
to  Vote  for  Magiftrates  on  the  day  of  E!e- 
dion                                             tbid?.^S 
To  apprehend  by  Watraut  dcn;ers  of  Scri- 
pture, See  i^v/c/ie                       PS9S2 
To  prcfent  idle  Perfons  before  a  Magiftrare, 
ScsidkPerfons                              '  P  66 
To  aifift  the  Cuftome  Mafter  in  cafe,  Sec 
ImpPp                                        F.68S2 
To  leavy  by  Warrant  fioes  en  any  that  re- 
fufe  to  afnft  the  Cuftome  Mafter         i'vld 
To  ferve  Warrants  to  prefTe  Wwfcmen,  Sec 
Imprefas                                       P7SSi 
To  convey  Indians  that  ate  found  with  Li- 
quors,'&c.  before  a  Magifiratc  or  Com- 
mifTioner,  Stt  Indians              P77S  ir 
To  commit  a  drunken  perfon  to  Prifon,  or 
fecurc  him  in  cafe,  See  Inkei^ers,  p  8 1  s  5 
To  inform  a  Magiftrate  or  Gommifrioner,or 
Sekd  men  vi'here  no  Magiftrate  or  Com- 
mi.Tioners  are  of  fuch  cafes  ibid 
To  return  all  fines  received  of  drunken  per- 
fons to  the  Trcafurer  ibtd 
To  make  feai'ch  for  all  offenders  againft  this 
Law  on  penalty                         P83S14, 
To  call  the  Freemen  to  chufe  jurors  and  re- 
turn the  Warrant,  See  '^jurors      p  86  s  l 
ToSumcnon  any  perfon  rcfidtrg  here  from 
their  Kclation,  See  Mannage    p  lOl  s  4. 
d  Conftable  with  2  Inhabitants  where  no 
Magiftrate  l5,may  Pcefle  Men  &  Boats  to 
pucfuc  Ferfotis,  iee  Mapers     p  1 04  £  5 


To  enquire  afrei  Wheat.&c. landed  and  put 
to  fale  fromfojicign  parts,  Scci^yiali 

p  ic6s2 

Tocarry  aSouldicr  bcforea  Msgiflraie  he- 
bg  lequired  thereto  by  the  chief  Offi- 
cers, St-'i'  MitJt/Jry  p  3  08  s  tf 

To  provide  Arms  for  Souldies        picpsg 

To  Jmpreffc  Souldiers  by  Ordei     t>  1 10  s  1 1 

To  leavy  Rates  for  Fortification  ibid 

To  afTift  Searchers  for  mony  en  penally.  See 
Money  p  n ps  ^ 

To  prelent  Cullers  of  Fipeifavcs  before  a 
Magiftrate  to  be  fworn,    S(c  Psptjlavis 

p  122 

To  provide  for  poor  perfons  by  Order;,  See 
Fccr  p  \2ji  2 

Ir  Port  Towns  to  fignilic  to  Merchants  and 
Maf^eis  the  Law  about  Powder,  Sec  Powder 

p  126s  I 

To  whip  any  therunto  fentencedjS* e  Saibath 

f 'J2  S  I 

To  cauie  dogs  ufing  to  coutfe  and  bite  fhecp 

to  be  hang'd  in  cafe.  See  flitep        p  ijis  z 

To  keep  accompt  of  flraies  and  ioft  goods. 

Sec  Straiss  p  i^^sx 

Id  Port  Towns  to  inform  Msflers  of  Ships 

with  the  Law  tit.  Strangcvs       p  1^^.  s  i 

To  inform  of  ftranjiers  received  contrary  to 

that  Law  ibid 

To  leavy  fines  about  Swine,  where  no  Selcft 

men  arc    fee  fwne  F  i^j  ?  / 

To  apprehend  S\v  earers, /ee  fwearing 

P  '44S  i' 
To  apprize  Swine  impounded  and  not  ow- 
ned P  146  s  ^ 
To  leavy  fines  by  Order  of  Se!e(5t  men, /eg 
Townjlrips  P  14."!  s 
To  acquaint  Sclefl  men  with  the  Order  a- 
bout  Children  P  14^55 
To  ferve  all  Warrants  from  Select  men, 

p  ISO  s  p 

To  leavy  fines  by  Warrant  from  the  Trea- 
furcr,  fco  Trcajurer  P  i//  s  4. 

To  leavy  County  Rates  ibid 

To  apprehend  Vagabonds,  with  or  withoui 

warrant,  See  Vagabonds  p.  ij^. 

To  warne  and  fet  she  warch,and  give  charge 

See  watchetj  jp.  is4.  s.  1. 

To  prefcnt  any  defciftivc  in  watches  to  a 

Magiftrate,  iiidj 

To  provide  weights  and  mearuresjee  imgk^ 

S'4SS-^-t 

\  To 


iri'T 


The   Tahk, 


Xo  pay  the  Treafurer  for  Pealing  ibcrR,  and 

to  del'.ver  them  to  the  bclcdt  men       '^^ 

To  obey  Sralers  Warraiico  ViA'd 

To  pay  Indians:  fot  killing  Wolves,    /ee 

Wchm  pfjp^^ 

To  require  Artificers  to  help  in  H^vtft,  fee 

Workmen  p  16] 

Conveyances^  Seeds. 
For  fale  of  Land  or  Houfe  not  valid,  &c. 
withoutDeed,  &c.  or  acknowledgement 
before  a  Magirtrate  F  32s  i 

How  to  be  made  Wii 

What  exempted  from  this  Law  ih'.d 

Obtained  by  Dures  invalid  i  s 

Fraudulent  invalid  ibid 

Forfalcof  Houfe,  &c.  or  Mortgage  of  no 
force  dgainft  any  other  not  being  acknow- 
ledged and  Recorded,  the  Graunter  being 
in  poffeflion  s  4 

Grauntec  to  eater  his  Caution  with  Recor- 
der of  County  Courc  ihid 
Grauntee  to  be  bound  to  Court  of  Affift.  in 
cafe                                                 i^id 
Council. 
|n  the  vacanfie  of  the  General  Court,  are 
the  Governour  and  Afliltants            p  3  3 
To  be  called  by  Letters  from  the  Govern. /fc. 
TheGovpmour,  Deputy  Govern,  with  fix 
AlTiftantsmay  impreiic  Souldiers        ihid 
In  extraordinary  caiies  as  many  as  appear, 
make  a  valid  Ad  ibid 
Their  power                                 ibidp^^ 
Courts. 

Geni'.ral  Courts 
.  To  appoint  Braod-marks  to  Tov/ns,    fee 

Cattle  Pi8.>;3 

To  be  called  by  the  Govern,  in  cafc;  fee 

Council  P33 

The  chief  power  Supcnour  Courts,  p  >  4  s  j 
To  raife  Money,  Taxes,  and  difpofc  of 

Lands  ibid 

To  make  Laws.  &c.  ibid 

No  ad  to  pat-  without  confcnt  of  both 

houfcs  P3J^2 


Not  to  be  difToIvcd  without  coafent  of  the 

iT'ajorpatt  thereof  S5 

To  Judge  of  the  mifc?.rriag€  of  any  Jbefore 

iJiem  P§6S<S 

to  appoint  perionsto  keep  Couniy  Cour;  in 

cafe  V-36.i7 

To  allow  of  Freemen  to  be  made,  Kf  Free- 

mtn  PJ6S4 

To  conclude  a  vindidive  War,  fee  Im^ref$i 

To  appoint  pcrfons  to  publifli'the  Laws  to 

Indiars,  fa  Indian?  P  776  8 

To  appoint  perlons  to  infped  the  Indians  at 

Natick,  &:c.  as  to  their  manners  Sg 
To  give  Commiffions  to  chief  Military  Of 

ficets,  fee  Military  Flogs 4 

To  appoint  Searchers  for  Powder,,  fee  Foft- 

der  ?  126  Si 

To  punilh  any  helping  to  break  Frifc.n,  j>e 

Pr'tfon  P  isS  s  ^ 

Indefediofa  Law  in  Capital  cafes,  &c.  to 

judge,  fee privtledges  pi 

To  difpofe  of  any  Whale  caft  up,  fee  wricks 

atfea  p^^^ 

Court  of  Afliftants, 
Afaj>  appoint    3  Free  men  m  Towns  to  ijfM 
Caufes  to  40.  s.  fee  Caufes  P  20  S  r 

To  approve  the  CommtJJionerj  of  Bojlon^  and 
give  them  an  Oath  P  2 ;  S  ? 

To  he  kept  at  Bofton  by  the  Governour  or  De- 
puty Governour  and  Magijlrates,  See 
Court-!  P3dS7 

Their  'Power  j^jj^ 

Tw^  Courts  to  he  kept  y early ^the  time  xvhtn,\b 
May  he  call'd  out  of  courfe  by  Governour  or 
Deputy  Governour  for  tryal  of  a  Afalefa- 
dm  in  Capital  Cafes  ,f  j^ 

To  try  Capital  Cafes  jtyjd 

May  dif charge  from  Prifon  7erfons  Unable  to 
^  pay  fines ^  fc  jines  p  ^  ^ 

To  I  ry  -^tfiJ^erf ,  fee  Hcrefie  P  di  S  y 

:v  t.y  anyf:'.sp:decifor'fefuites,k}cfukes,p67 
May  ordty  fatisfaOiotfor  damage  done  to 
I      Cattle  by  Indians  J  fee  Indians      P7C5S7 
To  iffue  all  matters  beyon4  the  cogntvincs  of 


TheAdhofrhifCourttobe  engrofTeJ;  and  I  indtat:  Commf  Court^fec  Indi.ins  P  77^9 
-ead  the  iaft  day  of  every  Se/fiou        tbiei   May  approve  of  any  married  Pcrfcu  rddinr 

Difference  m  cales  of  Judicature,  Civil  orj  here  from  their  Kdatiins,  fee  Marriage 
Criminal  how  :fl'ued  ibid  PiozSx. 


Only  canpacdonaMalefador  p3fS4 

Miy  fend  forth  any  pcrfoo  :nio  f^rrei-^n 

pacti  md 


May  appoint  Searchers  for   Powder^  fee 

Powder  PI26S2. 

Mc:yjdsr(indtr<prov:  the  Ho-^fa  of  Ccr- 

2  ^  rc\73J.i 


The  Table, 


redton^  ice  Prifon  P  j  1 7  S  2 

J^ay  Tnni(ii  any  forhdyingto  htal^  Pnjor) 

S4 
To  kelp  a  Record  of  all  luigimcnts  gmn^  fee 

RecorJs  P  129  Si 

To  aajudge  Poforiitradm£  on  the  Coofi'm 

(;^ji,iec  Ships  Pj^iSfi 

Comty  ^curis. 
To  manage  Benevolence^  Sff  Benevolence. 

May  punilh  breach  of  the  peace   fee  breach 

of  peace.  P"-  £•  ')-^ 

To  regulate  defc<f^iv€  Bridges  /ce  Bridges. 

f.t2.  S.I 

May  punifli  any  for  ufuig  other  rvxm  Cattle 
without  leave,  when  and  IioU',/u'  Caitlc. 

p.in.s.s, 

•Not  to  receive  ar.y  A<f\ion  picper  10  one 
Magillrcte,  except  in  deLnniation  va  bat- 
tery, jce  Caujcs.  p.  rc.s.i. 

May  with  the  Sc!ffl  men  place  out  urruly 
chi!  Jren, /t'f  children  -p.2  6.i.i. 

May  dilpofc  of  Orphans  to  fervicCjp  j  S-S.  6 

To  approve  Cierhs  of  writts,    /ft  Q.\e-!\{i 

pap  s  s 

To  be  kt  pt  by  Magiftratf s  in  the  Cuuniy,  of 
other  Magiftrates  01  fuch  as  the  teneJol 
Court  fhall  appoint,  fit  Cc«m  p  j6  s  7 

Their  power  i^id 

Mjy  uoni^itute  CleiKs  and  other  Officers  ib. 

To -keep  fct  times  ^^'^ 

M-iVfctout  Widowf  thirds  in  Lands,  &c. 
fee  Dowries  p  42  s  t 

To  provide  forMinifters  maintenance,  fee 
Icchfiafiicai  p  4j s  iS 

TO  give  Grand  jvirois  charge  of  enc|iiity  of 
Towns  negled  of  providing  an  able  Mi 
mfhy  p4^iip 

Mjydirchargefrom  Irnprifonment  fuch  as 
arc  unable  to  pay  fines,  fee  fmcs         ^  n 

to  appoint  cullers  of  lifli  upon  Oatn,  feefifli 

P  S2S  2 

to  punidi  Inch  as  kil  Mackrcl  before  July,sy 
to  pun ifh  fornication,  fee  Fornicatien  p  s4 

J  I,  2 


to  Punifh  niaintainers  of  Errojiins  Dcddne 

to' appoint  men  in  Terms  to  lay  oxil  Coiinjry. 
I-Ii-^,h  wa5  cs,  fei  iV;^  /;  r.^cjcs        y  64  si- 
lo order  the  icinovaS   of  Jr.ctiiiibrancei  lO 
J-Jj^']/;  ivfl;'i'J,  kc  IJi£h-wnyes        p  C-js  ^ 

to  PuKifhidSc  Ferfoiis  p(^C>i2 

to  giant  I.icenfcs  to  Oidinaiies.&c  5ccJ»- 
\cqcrs  fyp'-i- 

May  punifli  In  keepers  not  giving  accojiipt 
of  draught  of  Becr^  fee h/ipofls     p  t^e/s  4. 

to  order  jat!sfa€lio:i  for  damage  to  Calllc 
by  Indians,  fee hdlar.j  pyis  7 

toPunifh  Ii'dian  traders  aliowej?,  ard  not 
giving  fxcoinpt,  and  making  Payment  to 
tbc7icr.iu!er  p  78  six 

Executions  not  to  be  gianicd  till  twelve 
hours  a^'iC:  Ji^dgcment,  but  by  fpeciai  or- 
der,/a' ^;pc  J  pjsi 

toPunifhfuthasBrcw  ret  Peer  according 
tolaw  PSoSz 

Mr.y  Punifli  Retailers  of  flrong  v/atos  and 
p;;v3te  }-lcufC"kcepc;s,  fo:  pa-rnittiug 
tipling  m  thcit  Hcu^'cs   F  8;  sV  P  S3  &  8 

ic  afve  Catb  to  Secrcbers  and  SeEkrs  of 
Lcatherj  fee  Leaiher  P  89  S  4 

May  appsove  of  any  manied  Pfifon  refi- 
ding  here  from  their  Reiatjon,  fes  May- 
■f-.c.gc  iP  joi  S  4 

May^Punift  Wcik  men  takiiig  wages  a- 
bovc  v/l:r.tis  fet  in  Towns  by  trccrmcn, 


fee  Jldiifto's 


PiC5  Sf 


May  give 'the  Oath  of  Fidelity  to  -'ntiabi- 

tsntsand  Stsasiccrs./fcOrt?^-^      P:2cS2 

to  difpofe  and  fctsie  Poor  Pejfors,  fee  Tcor 

^  P123SZ 

May  appoint  Scascheisfor  Fo\vder,/ff/-o»r- 

^ir  P326Sa 

May  order  and  improve  the  Houfe  of  Cor- 

tsciicv..fce  Trifon  P  J27  S  2 

to  appoint  a  Keeper  to  fiich  Hoiife  s  j 

May  pnnifh  any  bc!f  ing  to  break  Prifon,  s  4 
to  keep  a  Record  cfall  judge  mcnis  given, 

fee. Records  Y  izps  1 

May  pu;iirr.  Clbks  of  Writts  not  making  a 

return  of  Bir:bs,&c.  ?  130.12 

toordermalntcnanccofaBallard,    P //*  ;?\jyiay  determine  punifliment  for  defacersof 
togive  theOathotFrecdomcto  perfonsal':^      Records,  fceFeccrds  P13IS3 


lowed  by  General  Court,  fee  Freemen 

p  S6i  s 
May  punifh  GameAers  by  fine  or  corporal 
pup.il'hmeat;  ici-  Ccm.y.g  p  jS  s  4 

to  piiniih  deniers  of  the  Scriptures,  fee  He- 
re fa  S  Sfft  i 


May  p-unifli  Prophancrsof  the  Sabbath, /ee 
SMhbath  Pi^as/ 

May  piinifh  fervile  working  on  the  Lords 
day  F 13454 

May 


The  Table, 


Maypunifh  Sele<5l-men  ncgleOing  Ofders 

fur  Sai  t-Peeterj/<je  /d/t  'Pedcr  P.  i  jj 

May  take  Order  abouc  Strangers,  /i?f  flrnn- 

gers  P.  13.3 

May  difpofe  of  Angle  Perfons  whercScklV 

men  ncgled,yVc  7'oi?mj^//»f  P  149.5  7. 

May  leavy  upon  the  County  by  Warrant  to 

fatisficArrearcSjfcffTrefl/crrcrx        J51.  4, 
May  punifh  Conftables  ncglefting  to  gather 

Counly  Rates  s.5 

To  give  0>ith  to  Sealers  of  Weights  and 

May  Punifh  Executors  in  cafe,  Jee  Wills 

157. 1 
May  or«ier  Eftate  where  no  Executor  of 
Adminiftrator  jj8.  2,. 

May  fettle  the  Eftate  of  Pctfotre  dying  inte- 

ftate  s  3 

Judges  related  to  Parties  may  not  fit  as 

judges   in  their  cafe  in  any  Court,  jce 

Courts-  38.   9- 

In  difficult  cafes  they  may  confult  the  Gene- 
ral Court  s.  u. 
The  time  and  pla  ce  for  County  Courts  3  7.7 
to  Piioifli  rcproachers  of  Courts  and  Magi- 

fljtatcs  3<J.  6. 

And  the  olTcnc&s  of  any  Members  thcreof,»fc 
Counties  defc(f*.ive  Bridges,/f«  Bridi^er^iZ.L 
Penalty  if  any  locft  life  &c.  by  dcfcftivc 

Bridies  s  2 

Penalty  of  treble  damage  in  cafe  ibid 

Cruelty. 
Kot  allowed  V  i9 

D 

Vntimely  Death, 

THe  enquiry  how  to  be  proccedeft  in, 
P.  39 

Debts  by  'Boo//, 
'fo  be  ballanced  in  three  years  ••  P,  40 

For  niftomc  of  Wines,  &c.  recoverable'  by 
way  of  hiMon,fee  Impflr  68.  z. 

Defamation. 
Of  Courts  or  "Magiftratcs  punjfhsble,    foe 
Qjourtt  35    6, 

^y  rqrroacbful  fpcccbcs  in  open  Court,  ihtd. 

Dclfuquenti. 

Summoned  by  Court  or  Magiftratc  to  afa- 

fu'tr  3  Piercn»:s  ictit  or  Crime,  not  anfwei- 

ing-whencalj'tl  &(.  p£aalty,fi<;  Juiorr,tj  6 

Defutmsforthe  General  Court, 

Kot  to  proceed  to    Judgcn.etit    in    -J.iy 

cafe  without  an  Oath, /feCo«r/5  34.  i. 


I  to  fit  apart  from  the  Magiftratcs  &  adi,?  5,2 
No  Deputy  tc  depart  without  leave  on  pe- 
nalty jy.  3. 
Exemption  for  Deputies  cf  Dover,  ?3ic.ibid 
Mifcarriagesamong  them,tobe  I'entcnceda- 
mong  themfelvcs                            35.  6. 
How  to  be  chofen,/f£  7)e^uties          40.  » . 
Tlieir  power  tbtd 
May  order  their  own  Houfe               40.  2. 
To  be  chofen  from  Court  to  Court,  or  at 
mott  bat  for  a  year                      41,   3. 
How  to  be  qualified                             4>.  4. 
Not  to  be  abfent  the  time  of  their  fitting,  on 
penalty                                        41,  y. 
With  the  Conftablemay  take  in  Proxies 
for  B]e<ftions,/fe  EhOiom              47.  2. 
Such  Proxies  to  be  fealed  up  ana  returned  to 
the  Court  of  EleQim                         ibtd 
No  Common  Attorny  to  fit  as  Deputy,  fee 
Deputies                                        41-  5» 
Dipefe. 
For  Rates  Ordered,/??  pM.  charges     Zf.  4. 
On  Corn  or  Hay  &c.  to  be  fccured  on  penal- 
tyJeeDiJircfe                                ^^r. 
Dowries. 
What  &  when  to  be  fct  out  to  widows,  p  42 
In  cafcofomifTion,  who  may  fetit  out     ibid 
To  be  enjoyed  enduring  widows  lives      ibfei 
Of  Lands  fet  out  not  to  make  ftrip  St  waft  ib 

"Drovers. 
Their  liberty  p  ^7, 

E 

£ecie(iafiic'.iK 

WHo  may  gather  Churrhc-F 
How  to  be  gathered 
To  have  free  cxeiciic  01  all  Ordinances  s.5 
To  Elcft  and  Ordain  their  Officers  ibid,  s.4 
To  admit  and  difmifs  Members,&c.'  ibid  sj 
To  havetioiiumanc  injunftions  impcfcd  en 
them  ibid  1.6. 

May  ecttbi'0  te  day es  cf  Fai^ing-^&c-  ibid,  s.j 
The  Elders  of  Churches  may  njcrt"  about 
Church  matters  ibM.  <s.  s 

Mjy  deal  with  their  Members  under  the- 
handof  jjRicc  ibid.s.f 

Miy  deal  with  their  Members  of  anyranJi: 

AnyChurch  membir  lyablc  to  Jufticc,^/^.s:  /  / 

No  Cbubchcenfurc  to  {j<?grddt  any  Officer 

in  civifimploy  lOiJ 

Private  mtetiag-J  of  Chri.liuns  ollowed^s.  /2 

C  Who 


49'  I 
ti>id 


IQO 


Who  may  be  conftant  Preachers  and  Or  ^ 

dained  Elders.  ibid.s>J4 

No  Ordi  nation  to  proceed  without  notice 

given  *^^ 

Open  oppofcr  s  of  the  Word  &c.  ho  w  to  be 

proceeded  with  4s-    'J" 

Penalty  on  difturbing  the  peace  and  order  of 

Churc^ies  *biil 

Who  may  call  and  ordain  Ch.  officers^fi.ac 

Of  Afliftants  vearly  how  to  be  determined, 

f7.  I- 

OfGOvcrnour^  Deputy  Governour,  Major 
Ca?.neral,  Treafurer,  Secretary,  Commif- 
JioneiSbf  the  United  Colonies  bow  made 

ibid  S.  -?• 
of  AfTiftantsho^v  proceeded  in  ibid  s.  ij 
penalty  of  any  failing  in  their  tiuft,  ibtds.  S' 

EfcheOts. 
V/hatandhowdifpofed  p  4p 


Farm. 

To  be  of  the  fame  t«  herein  they  lye, 

Fairs  and  MarkcU, 
^V here  and  when         ^  P49 

Ferrks. 
How  to  be  regulated  50.  I. 

No  Canoo  tobeiifed  there  on  penalty     ibid 
Wcytnouth  Ferridge vihat  ibid 


When  to  take  double  Ferridge 


ibid 


Paying  no  Rent  to  the  Country  to  take  no 

Ferridge  of  Magiftrates, "Deputies  &c.  ib. 
Voneto  prefs  into  Ferry  boats  vitbout  leave 

ibid  e.  2 
No  Ferry  to  faffcr  any  to  come  info  his  Boat 

in  cafe,  on  penalty  ibid 

^Vho  fhal!  be  firft  tranfported  in  Ferry  boals 

ibid 
Ten- 
ForEntringof  Aflions,/c!;  AOions        2.4. 
Additional  Fees  in  cafe  j  j. 

Of  Clerk  of  Writts. 
For  Warrants,  Replevin,  Attachment,Bond 

feeCkr\pfyvrJtts  2S.    h 

ForReccrdingHorresfhlptoff,/*; /^Pr/f/,^/-.  1 
"For  Recording  Marria^es/e  marriage^ie  1.2 
Additional  Fees  in  cafe  ibid 

!ForKecordingSirlhs  and  Deaths,/(rf  7^- 

cords  1^0.  S.J. 

f  or  Tolling  Catlk,/ftCi?^//e.  p  147 


Of  Feccrder  and  Cle/k  cf  Coitnty  Cwrt. 

For  filing  Evidences  &c./fei^ff(jrV/  i^y,  /. 

^p  1 10 
Of  Cimmiffmers  Court  of  £cJ\on. 

See  fmall  Canfes  2t.    - 

Marfbak. 

SeeMarfhals  it3.S4,.r. 

Additioh  in  cafe  ,ty^ 

Cferf^ofTrcop. 

See  Military  j,^.  ,g^ 

Fitjes. 

To  be  prefently  pard,fecured,or  perfcr.  com. 
mitted  p  j , 

Mny  be  rcfpitea  by  Courts  ihtd 

In  all  Courts,  or  by  Magiflrate  or  Commlf- 
floners  for  the  Countiy,  to  be  notified 
to  the  Treafurer  in  J4.  daycs  -.bid 

For  Galloping  in  Boflon,  wljat  to  Coimty 
Treafurer,  fee  Cailopri^  p  ^^ 

For  keeping  Chriflmafs^  and  Gaming,  jre 
Gaming  P57358-si^. 

For  playing  at  Cards  and  Dice         ibid  s  j. 

For  bringing  in  Cards  ibid  s  4. 

For  denying  the  Scriptures,  what  to  Coun- 
try Treafurer,/n' //fj-f/ze  j'p.  2, 

On  Maftets  that  bring  in  Quakers      do,  4. 

On  perfons  receiving  Quakers  i}^,d 

For  Veffels  trading  with  Indians,  fee  Indians 

7S-  3' 
For  trading  with  Indians,  to  the  Country,s.4 

For  felling  Boat  or  VefTels  to  Indians,  7<f.  V 

For  infufficientLeatherj/fc  Zeather.po.  5  r. 

From  all  perfons  in  all  cafes  to  be  paid  to  li\e 

Ireaf.  of  the  County  where  the  party 

,dv/ells  cxcept,/t?e  T>-e.j/«rf/  /^f,  ^^ 

Firing  (f  'Burning. 
Woods  or  Common  Ground,  when;jr]l.iw 

ful, on  penalty  ^f,^ 

When  lawful  ',^4 

Any  Frame,  Timber,  &c.  wittingly  and  wi! 

bngly "burnt,  the  penalty  Und 

Any  of  liJ  years  of  age  firing  a  Barn,&c. 

how  puniifhed  ihH  s  z 

AT^wellingHoufeburnt,  how  to  be  fatis- 

fied  for  _  ibtd 

Fifliy  Fifnermen. 
y^/JCuUerjof  Fifljtobefworn  jz.  i. 

Snom  CuHiTS  to  le-in  a/lfjlitn/  places  i  hid 
u^l/  ffli  approved  by  them  to  be  received  ibid 
^''k  CulU  rj  Salkry,  &  by  iviom  to  be  ^ard.,\h. 
What  pfli  dedaredMerchantable  ibid 

Liberty  to  cut  Flakes  i^cgiilated        ibid  s.  3 

2t« 


The   TaU 


e. 


IfoFiJh'to  be  taken  in  ff^awnin^  tim:  on  pe- 
nalfj  ib:cl.s.4 

NoMaekrclforfi^tin^io  be  kriN.  iitl  hiy, 
art  pena/iy  of  forfeiture  ibid.S.^ 

Fifijfaltcd  with  TartuJas  fali^  and  fosyeby 
f^tted^mt  Mcrcbahtahte •  p 54.  s.  tf 

What,  and  the  penalty  p  J4 

f  cry.:  cation. 
What,  and  the  puniflimcnt  54-  '• 

Bv  aTreemarijfurtlTcrpuiiifhed     ihid.  s  2 
TncroputeQFathn  ofaBafiaid  tojaiaiotam 

it.  SS'  3 

Freemen. 
May  order  Fences  in  Common  fields  where 
no  Selecft  ir.cn, /c£  Com  fields  17,  a. 

May  determine  differences  in  cafe         ibid 
May  by  their  FcofPes  or  Proxies  appear  on 
the  day  ofElc6Lion,/«^DH''ti         35  vj- 
To  fend  their  Deputies  ro  Gencr.Courts,  ib. 
Perfons  allowed  by  Genera]  Court  for  Free- 
men, to  be  1  worn  by  County  Courts,  3  8.12 
To  nominate  fuch  as  (ha!  J  keep  Courts  in 
Counlies  with  a  Magiftrate  ^6.  /. 

To  give  in  their  own  Votes  in  "Eleftions  of 
Deputies,  fee  LDeputiej  P.4O. 

According  to  their  number  may  fend  Depu- 
ties to  General  Court_  )bid 
Who  may  fend,or  not  fend  ibid 
May  chufe  theirDcputies  in  anotherCoohty 

ibtd.  S.2 

May  not  chufe  any  perfon  unqualified  on; 

penalty  41.  4.' 

No  perfoD  being  a  member  of  a  Church  not 

approved  fhall  be  made  free,  fee  Ecclefa- 

fiteal  ^  4-S-S.2 

Atidnoncelfetoputin  Votes  for  Ele<f\ronsv 

«n  pen3lty,/fi!  EleOions  ^y    ;, . 

Putting  in  more  then  one  Vote  for  one  man, 

the  penalty  t[,{4 

Kot  being  at  the  Ele'^ion  may  put  in  their 

Votei  at  honie  before  the  Deputy  and 

Conftablc  ibid  s .  2 

two  or  three  with  the  Conftjhk  may  receive 

Votes foiEIcflions  in  ca/e  ihd 

To  Towns  to  chufe  a  Comminioncr  to  ro 

ccive  the  Votes  for  Noj.iination  of  Magj- 

ftratey  and  Couaiy  Vtea/urejto  the  Shire 

Town^andfychpc.-forstocSuf^  a  Com 

roiffioncramonf^'.henife'vc.;  tO  cjr/y  the 

V^ifes^f  that  Shirt  toBoCon,        /^g.  3. 

Xx'Jmpicdr.om  voting  in  all  civii  Aflembres 

ibid. s^  J 


Qualified  according  to  Law,  may  be  made 
'■'«  ;t.v.  /.  4. 

In  Towns  to  fet  the  price  of  workmens  la- 
■bour,/ff  Maiitrs  ,04. 4., 

With  others  m  Towns  to  difpofe  cf  Lands,' 
bit.feeTiwnfhips  147,1. 


I 


Callcjkg, 
N  BortoH)  the  penalty 


P57 


Gami^x  a/td  Daueini^ 
Notallowcd  in  Ordinaries     '  j.7. /, 

No  common  hour.' for  Gaming,  on  penally 
to  Houfe- keeper  and  Camcflcr         4bri 
Ko  Giming  for  Money.or  any  to  be  abettors 
to  Gaming  on  penalty  ibid 

No  Dancing  allowed  in  Ordinaries  on  pe- 
nalty _,ti<^ 
Penalty  for  keep ingChriamas-^:c.  yS-  2. 
Penalty  for  playing  at  Cards  and'Dice-ft.J.i 
Penalty  for  wilfwl  bringing  in  Cards  &'  Dice 

Involuntary  free  from  penalty,  upon  Vivirfg 
notice  to  a  Magiftrate  or  Comm{fior,zx. ib 
Perfons  that  have  played  and  jKLorm  thereof 
free  from  the  penalty  ^/^ 

H 

Herefit. 

Sundry  Herefies  and  Errcs  cblUnairly 
pcrfitted  in,  after  convi<r.ion  to  be  puni- 
ihedwithBanifhment  js.l. 

Witting  and  wilhng  denyers  of  the  Scri- 
ptures being  16  years  of  a^e,  how  to  be 
proceeded  with  j.„^  2. 

Obftinate  maintaining  the  faid  Opinions  af- 
ter recantation,  how  puni'fncd  '  ihid, 

Muf^gkton'thooks  to  be  brought  to  a  Ma- 
giihate,  on  penalty  g^,    ^ 

The  faid  Book  to  be  burnt  in  Borrow       tbid 

Penalty  on  Maftcr;  of  Sbtps  that  bring  in 
Quakers  ibid.  s.  4 

Such  Mafters  to  give  fccurity  to  carr  y  th?m 
iway,or  be  imprifooed  ;i,</ 

Penalty  on  perfons  receiviflp  &  concealing 
Quakers  "  ,t,i 

Penalty  on  encoaragement  of  Quakers,6i>^-; 

Penalty  for  difpcrl'ing  Quakers  Books,    ibii 

Penalty  for  revilinc  Magubarcs  and  Mini- 

«"S  ibid.  S.J 

C  2  -Pui, 


xos 


The  Table 


Pubfifhers  of  Errooious  DochJne,  how  pu- 
nifhed  tbtd.rtS. 

Quakers  to  be  apprehended,  and  liow  -pto- 
ccedrdvv'ith  tbtd,  a  p. 

Any  perfonsdefendine  their  Opmions,.3nd 
ftirriiig  Dp  mutiny,  now  to  be  procee(ied 
with  ibid 

Orderagainft  Vagabond  Quakers,    6j.   ic 

Order  againft  Vagabond  Quakers  only  in. 
force, the rf  ft  fufpendcd  <J^.    ". 

Hides^  Sfc  Leather. 

Ui^h-wiyes.  j 

Fcrthe  Coontry  to  belaidour   moft  conve  I 
nicntly  v-'ith  advice  of  the  next  Towns,  64.  i 
Uotto bolaid through  Orchards,&c,       1i!)4 
To  be  6,  8,  or  I  o  Rod  broad  '^'^ 

Any  perlbn  endamaged  by  H'-^h'WayeS  to 
have  reccmpence  as  therein  is  provided,  fbid 
Incumbrances  in  High  waycs  to  be  remo- 
ved (T'    i 
Jiorfes  and  Marti. 
Th^tare  fV'nt  off,  to  be  Recorded  by  Clerl? 
of  Wruts  6s-  I- 
Na  MaSer  of  any  VefTei  to   receive  any 
Hotfe  or  Mare  aboard  without  a  Ticket 
on  penally  jW;i 
No  person  to  fell  or  difpofe  of  aoy  Horfe 
ktnd.  *o  any  Indian  on  penally  '^'^ 
Ko  Stone  liorfes  to  go  en  C.").Tnnons  bui 
fuch  as  are  approved  by  Sele;^  Xi-\CD^it^d,s.3 
A  Toll  Book  to   be  kept  in  c\'ery  Town 
by  Clerk  of  Writt3                         p  U7 
All  HcrfeMnde  and  other  Cattlt:  borghf,  tc 
be  Tolld  on  penalty                            ibjcl 
The  manner  how  Cattle  mtft  be  Tolld,  ihi 
Any  perfon  tha*  hath  loft  Cattle  may  fcareh 
the  Toll  Book                                    tbifl 
Hue  and  Crj. 
The  chargeto^bcbomby  the  procurers,  /« 
Coyijlablff.                                    ji.  7. 


Idh  Terjcr.s 
oEEHonfeof  Correaion  f>(? 

Isfuites 
forbidden  co  enter  the  Jarifdl6ion  other- 
wife  then  the  Law  allows  J)  £^  7 

Thepcoaltv  on  fuch,  n.nd  bo'V  to  be  pro- 
ceeded with  ibid 
Impcjlson  Liiuo.'s. 
No  Wines  or  Strong- waters  to  be  larded 


before  EaTry,  01  pentTify  of  ooofifcation  f£j 
Excc{.'t  whjt  comes  tio»r>  England  ^.7^  i. 
Goo3s  confifcate  hov  c^jfpofcrl  of  :brd 

Cuftomes  to  be  poid  ^b^n  Gcods  are  landed, 

ifadd 

The  CufTowe  Maftcrtc  have  Df  putiesna 

oer  him  ibid 

Rates  of  Cuflome  on  Wiaes,  ^c.  ibid. 

The  Officers  power  and  duty  68.-2 

Mafletsor"Merchants"beirgflr:3ngcrstopay 

6.d.  aTunforSbipsa^ioveiOoTunand 

6.s%.el.  forldf'tr  60.    ^. 

'  hl]l*/l'um,  CydrTy  Ale,  Deer  io  pay  Esfcife 

ibid.s.4 
Evf'anaticnof  Entry  ol  Wines  70.  j, 

C  uftomcs  of  Wines,  &c.  to  be  paid  in  rrjony 
or  the  beft  of  the  Specit  ibid 

Jmpo/ls  Oft  Good's  and  Frcrijfion, 
All  Goods  imported  hot  exempt  by  other 
Laws,  to  be  Ratfible  to  the  Country  as 
other  Eftstes  po.  /. 

Every  Faflor  or  Agent  to  pay  i  0  s.  for  eve- 
ry j  col.  imported  ibid.  s.  2. 
Every  Maftcr  or  Purfcr  to  certifie  to  tbc 
CoUeftor  the  contents  of  this  Ladiii^  be 
fore  he  break  bulk,  &-C.  ibid  s  3 
Every  Coileftor  to  enter  the  fcveral  parcels, 
and  to  whom  configned  ibid  s  4 
Every  one  receiving  any  Goods  to  give  in  to 
the  Collector  *he  full  value  7!-  5' 
Any  perfon  denying  or  delaying  payment, 
IheCollcOormsykavy  the  fbme  by  d«- 
ftrefTe                                         ibid,  it  6 
TbeColle!nor  csy  rfqoue,  and  if  need  be 
diftr3in,and  none  mayrefufcon  penalty  i^. 
Pcrallyof  falfifying,  concealing  or  not 
producing  Invoices  of  Goods      ibid.s.7 
Penalty  on  any  brjngini^  in  Cattle,  and  put- 
ting th?m  to  fale  oeforc  ifotice  given  to 
Ihe  Offrcer                                   ibid.s.8. 
Penalty  of  Beaver,  &c.  brought  in  and  fold 
orfhipt  before  Entry                 ibid.S  9, 
The  Country  Trcafurcr,  with  thofe deputed 
by  him  under  his  Hand  and  Seal  to  attend 
tbc  execution  of   the  aforcfaid  Laws, 

P7i,72.Sio. 
All  Officers  imploycd  by  him  to  be  account- 
able to  hem  at  all  t\mfS  ibid 
Goods  halving  paid  Cuflo:nc<;,  rot  to  be  ra- 
ta bis  agaio  that  yecr being ip  the  Owners 
hnnds                                        ibid.  s.  i. 
.The  Governcuraiid  Council,  or  five  Ma^i- 
ftrates  >rmv  eivc  dirediicos  in  any  (juel^ion 

that 


^e   Tahh. 


that  may  arife  about  CuQomea      'ibid.:,  is 

The  Ticafbrers  Office  to  have  a  Seil      itd 

NoMrtftci-ofVeflel  to  dL^iver  any  Goods 

brought  in  without  Ordg:  from  the  Col- 

leftor  ibtdt.ii. 

The  revenue  of  ell  Goods  brought  in  fo 

Pafcataquatobc  pdJ  in  to  the  pu"blick 

Treafury  «t»d.  i  14. 

Asalfo  all  Cuftomes  of  Wines,  Goods  and 

Powder  for  (hips  already  leccivtd,  tote 

paidtothcPu"bhckTrtafi:ry     ibid.T.iS' 

Goods  belonging  to  the  Inhabitants  of  Paf- 

c-»ti!qua,topay  noCuftomcto  the  Trca- 

fur'ci  ^  7^  16. 

No  Workmen  to  be  compel  d  fo  work  from 
home  above  a  week  together         7  J-  I. 

Mone  to  be  compelled  to  publick  ferviceor 
work,  except  tTie  PrefTe  be  grounded  on 
General  Court*  Adt  » W.i. ;. 

tvery  perfon  fo  prcfTedjto  have  reafonable 
allowance  for  his  fcrvice  ibid 

Perfon  J  exempt  from  Office,  Warrs  or  pub 
lick  fervicc  ibid 

None  to  be  compelled  out  of  the  Jurifdiifti' 
on,  on  an  offcnfive,  but  only  on  a  defeo- 
five  war  ii^id 

No  mans  Cattle  or  Goods  to  be  prclTed  but 
by  Warrant  grounded  on  fome  Ai^  of 
General  Court,  and  to  be  paid  hire  for 
thcm.a'^d  reparation  in  cafe  of  damage 

ibid 
Im^rifottfnenK 

No  Bail  or  Main  prize  to  be  taken  for  Ca- 
pital caf:s,  or  Contempt  in  open  Court, 

P-74- 
Miatts, 

Right  of  land  declared  74.   i. 

Rcdcccd  to  civility,  to  have  Alotrncnts  a- 
mongtheEnglifli  ibid 

Civiliied a. competent  number, fo  as  to  be 
capable  of  a  Townfhip,  on  Petition  to 
the  General  Court,  fhall  have  Lands  fet 
out  ibid 

Shall  have  relief  in  any  Court  ag?inft  the 
Englilh  doing  injury  to  them  in  their 
planting  Grounds,  &c.  ibid 

.He  perfon  to  give,  barter,  or  fell  any  Arms 
or  Amunition  to  them  on  penalty,      i.z. 

Konc  ofanjr  forreign  Nation  or  Englifh  to 
Trade  with  them  in  thisjurifdidt.p.75.s  3 

ftnv  perfon  in  this  Jurifdiftion  may  fcize  00 
v' dills  or  Coeds  in  trading  with  them-ji' 


Noncdirsaiy  or  -ndlreOly  to  Traie  wi!h 
them  but  fucfi  as  are  allowed, on  penalty,  54. 
Encouragement  to  the  Informer  »bj4 

I'Tonc  to  give  or  fell  Liquor  to  them  on  pe; 

Dairy,  ibid.s.  5.  unlcfs  in  Acknefe,  s.6. 
All  Tradmg  houfes  net  allowed,  to  bt  de 

molifhcd  "  ibid.s.  5: 

None  to  fell  any  VelTel  to  them  on  penaitj', 

ibid.s  6, 

The  Laws  in  force  among  us  tobe  pubhfbed 
to  them  in  fubjc^ion  to  us  ooce  a  .year, 

77.  2. 

Powaws  forbidden  on  penalty  ibid.s.»o 
Any  perfon  may  ftize  any  of  them  havmg 

Liquors,  and  deliver  both  to  the  Confta^le 

^  ibid.  s.iJ. 

Trade  wirfuhem  for  Peltry  artd  AmUDitJOii 

tobe allowcdby  the Treafurer  78-1^ 
Every  allowed  Trader  to  pay  for  his  Liccnfe 

to  the  Treafunt,   ibid.  To  give  a  true  ac 

compt  •t'^- 

The  Law  toucbLig  Trade  witb  them  to  be 

only  during  the  Courts  picafure  ibid. 

Ituiiiiments. 

No  Indi(Ctments,Complaint  or  Prefentment 

of  force  if  not  made  within  one  year  after 

the  offence,  except  in  Capital  cafes,  and 

Fcllonies  above   10.  s,  wherein  perfons 

damn:fied  to  have  their  remedy  according 

to  Law  ?•  79 

Every  one  to  pay  for  draught  of  Beer,  Cy- 
der, &c. /fcMioy^j  <^P-  4» 

To  give  accompi  once  a  moncth  on  penaltjt 
of  forfeiture  of  their  Liccnfe  or  otbctwifc 

ibid 

None  may  be  a  common  Viituallei,  or  fell 
Wine,  &c.  bv  retail  without  approbatioa 
of  Selc<fi  men,  and  licenfe  of  County  Court 
on  penalty, /e?  iMtcf/'cr  79-  ^« 

Merchants  of  Wine,  and  Stillcrs,&c,  may 
/ctail  Wine  Liquors,  &c.  >bid 

Every  one  to  hav*"' a  Sign  within  3  months 
after  licenfe  granted  on  penalty  ibid 

To  be  alwayej  provided  with  good  Beer,  as., 
the  Law  provid^-s,  on  penalty  p  Sa 

To  put  DO  Moloffcs  in  Beer  Rerailed,  on  pe- 
nalty 80.  2- 

Nottofuffcr  any  tobe  Drunk, ot' to  drinV 
cxcefTivcly  en  penalty  ibid,  s.j 

That  flinll  conceal  in  his  Houfc  any  perfon 

Dtuokjor  not  make  (tay  of  him  till  a  Con- 

X>  ■  fiabie 


le-^ 


TheTMe. 


liable  jcomc,  the  penalty  ibid 

Whom  llicy  may  entertain  in  the  night  (ea- 

fon  81.    6. 

TheirLicenfesforfeitableincafe        82.  9 

To  provide  fonStiar\gcrs  Horfcson  penalty 

82.   10 
To  pay  50.  s. /)£■)- Butt  for  what  Wine  they 
draw,  and  to  accompt  with  the  Trcafuref 
every  dmonetbs  ibid.  s.ii. 

To  pay  inch  Imports  on  Wines  to  the  con- 
tent of  the  Treafurer  ibid 


penalty,  and  all  prelent  equally  guilty  in 
cafe  84.   »7 

Any  perfon  that  fliall  keep  a  houfe  of  Enter 
tainmcnt,  ■without  liceBfe  hadj  and  re- 
nkwed  accoxdbg  to  Law,  the  penally, 

84.    18 

The  penally   for  nny  peifons  frequenting 

Ale houfcs when  forbidcnbyScIeil  men,).i9 
Tud^emcttts.     £xecuiicnr. 

Wbcn  to  be  Entred,  and  when  not,  fee.  yit- 
tacbmettts  7.  i. 


Topay  DO  Import  for  what  Wines  they  fell  (  Acknowledged  before  two  Magifltatfs  and 


by  theC^aiter-cayk  ibid 

To  clear  their  Houfes  in  Leflurc  rimes  on 

penalty  83.  32 

Their  Licenfcs  to  be  renewed  yearly,/t.s. j  %. 

Permuting  wanton  and  rude  fmgiDgir!.iheir 

Houfes, the  penalty  84,17 

EniertainiDg  perfoni  forbidden  by  the  Se- 

ie<ft  men, the  penalty  85.  19 

Miy  not  arrert,  attach  &:c.  any  Saylor  foi  | 

Debt  in  cafe, /if  Saylors  p.  1 34. ! 

Indians  found  Drunk,    rclufing   to  confefsj 
where  they  had  their  drink,  to  be  hnpri- 
foned  ,fee  JrJiant  1 1 .  /  7 

Indians  accufat  ion  of  any  perfon  felling  him 
drink, -fhall  be  valid  againft  the  perfon, 
except  he  fhall  purge  himfelfby.Oath,(i/i^ 

Every  Indian  Diunk  to  cay  10. s.  ct  he 
whipt  ibid 

Everyoihcr  perfon  Drunk,  to  pay  the  ^t- 
ndi\[y  fie  Inkicfers  JO.  4 

For  cxce/Tive  drinking,  the  penalty,        ibid 

Ttflcrs 
Tipling  above  half  an  hour,  or  at  unfcafc.ia- 
ble  tiniCS,or  after  9  of  the  clock,  the  pcnal.rfc 
No  Merchant,  Cooper,  &c.  that  keep  wines 

to  differ  any  to  diuik   to  cxceff,  or  be 

dtunk,  on  penalty  81.  7 

No  Retailer  of  ftiong  waters,  or  private 

houfc  keeper  fo  permit  any  to  tjpple  in 

:  their  lioufes  on  penalty  Sz.    8. 

Ilctailars  of  rtrong  Waters,  to  p3y2.</.  the 

quart  82.  U. 

None  taSlill  or  Retail  flior»gwalecs  T;ith- 

', lit  licenfc  pn  penalty  83;  itf. 

Strorg  llaaais in  Cafes2not  prohibitedto  te 

fold  ibid 

Every  perfon  confcffing  hie  offence  ngai'if* 

this.  Law,  hi3  teHiniony  good  againfto- 

therc  83.  ij 

Wanjon  aDdrudcfmgif^g  in  publick  \oiiUs 


Clerk  good  in  Law,  fee  Courts^  34.  7 
To  bp  given  by  inferioui  Courts  upon  (he 
refoiutiooof  tlic  Gcnsral  Court  in  diffi- 
cult cafes-  38.  n 
Any  Sale,  Alienation  or  AfTignnient  of  a 
Judgement,  void  in  Law,  feg  hdi^em.  p.Sj. 
Every  Judj^ement  given  agaiijO  any  pcifcn, 
to  be  P.ecoidcd  m  a  book,/i7J(jfcr<i;,  12^.1. 

T'Xecuiions. 
Not  to  be  granted  till  12  hours  after  Judge- 
ment, but  by  fpccial  Ordcr./fV^//f<»',3  I 
Rcfpilcd  incafc,  fee  -^tf£f^;«fK/i         7.  2 
Every  fale  of  E>:eeulioi»s  void  in  Law,/fe 
ludget-netits  p.  85- 

A  perfon  dying  before  Execution  upon 
Judgement  is  taken  out,  or  before  fatisfa- 
<3ion  received,  may  be  reruewcdby  Eecu- 
fors  or  Adminilha(rrs,/i!'f  lutigm^ints  p.  8^ 
To  be  levied  by  IVlarfhals^/ff  J^arjiwQz.z. 
In  civil  Amnions  void  if  not  firved  within  a 
Njoneth  after  Jwd^eirient,  except  the 
Couitrcfpit,/fc/K>ff/fJ  P144 

Jurors^  Cravd-jurors  to  Prefent 
Exccfs  in  Apparel,  fee  y^ppgrtl  p.y 

Taylors  in  cafe. /it  uiddiiionstolhc  Zflw,ib. 
Nfgletff  of  Towns  piocuringan  able  /Vlioi- 
iiiy,  fee  £cclefeJHtal  ^6.   J9 

The  breach  of  the  law  tit.  Indinns        75.5 

Grard  lury,  and  lury  for  7  ryals. 
To  be  Slimmocfd  for  County  Courts  out  of 
their  own  County, /(c  Courts  ib.s.7 

Cojurors  to  be  fummoned  from  Salem  to 
IpfwkhjTiot  i centra  ib^d 

To  attend  Courts  adjooicments  at  the  time 
appointcd»/cf  Courts  uidjom)tn\cnt.,y^^ 
lurors'. 
AtCoMit  af  AffiflontSjto  be  cholen  out  of 
Suffoik^andMiddhfeXy  fee  luricj    gtf.  j. 
Jurors  Avoi'n  tojudpc  sf  itiatter,  of  fa^  and 
coQsjihe  Deuch  of  mtUtr  of  equity    rbid 
A  fpecial  Jury  to  be  fummoncd  forbfc  or  br- 
niChment,  &U  Ofaod 


The   Table. 


Grandjuriestobe  fummoned  yearly  to  at 
tend  the  feveral  CocrtSjWith  their  duty,J.  ^ 
Every  Grandjuror  to  be  allowed  s-  >•  P^'' 
dhm  ibid 

Grand  and  Psttyjuricsmay  give  in  a  fpecial 
Verdift  in  cafe,  (he  determinarion  where- 
of bdotigs  to  the  Court  37,3. 
All  jurors  in  matter  of  Fart,  not  /indiig  the 
main  iffce,  may  prefent  wliat  they  finde 

ibid 

Any  Jury  or  Juror  may  in  open  Ctmi  ad- 

vile  with  any  pei  Ton  to  reiblve  or  diredl 

them  before  Verdift  ibid.  j.  5  < 

Ko  Juror  ft:.a!!  ferve  above  one  ordinary 

Coi:t:inayeat,excepf  Giandjarori,  & 


in  cafes  of  life  and  oeach 


ibid 


Xhe  Fci\;man  of  every  Jury  to  deliver  up  Si\ 
Wf  itingt  commiited  to  them.to  tiie  Clerk, 
fee  Records  Jzp.    i. 

A  jury  to  be  fummoned  in  cafe  of  untimely 
deaiib,  what  to  do,  and  to  whom  to  make 
return  jfee  untintiiy  de  atb  p-  3  £ 


Tan  Fats  fet  in  Tan  hills,  &c.  the  penalry,  t  ^ 
Curriers  duty,  with  the  peoalty  of  ne^lc^, 

ibid.  s.  3. 

Sceinhers  of  Leather. 

To  be  fwofn,  their  duty  and  power,  ibii.s.  4. 

Negleft  of  rhesr  duly  the  penally,         ihid 

Howtodirpofe  of  inefficient  Leather  fei- 

zed  by  them  00,  5 

Liberties  Ccmmon. 

Every  perfon  may  freely  Fifh  or  Fowl  in  any 

Porid,&c,  uniefs  otherwife  appointed,&c 

90  z- 

No  man  fhall  come  on  anofhcrs  propiiny 

without  his  leave,  and  as  in  faid  Law  ex- 

prelTed  ibid 

Any  Perfon  of  the  age  of  14  years  tiiaking  a 
lye,  their  puni!li:Tieot,  ftock,  fine  or 
whipping  to  tbe  fourth  offenc.2        p    gh 

Penons  underage,  for  lying  to  be  puni/be'l 
by  their  Pateats  Hid 


Litttdsyfree  Lanif. 

AllLsBfis  granted, or  to  be  grant<?f!  to  En- 
giifh  Fianfaticns  orPerFcfla'by  Genaal 
Court,  to  be  accounted  the  right  of  fuc'K 
E'^JSiifhr/ce  Indians  74.  i. 

Any  peribn  buying'Lend  of  any  Indian  ivlfh- 
outUcence  of  General  Court  forfeited j5. i- 
C:<«uf'ts  of  lands  from  li>diarKon  tearro  of 
"years  without  licence  iorfeitable  as  if 
bought  ibid. 

AH oTir  Lands  and  Heretages  free  from  a". 
iicenfss  upon  Alienafionr,  6cc.  fee  LanA^ 

p.  88, 

Any  perfons  may  purcrafe  Lands  of  Indians 

where  Mines  are  difcovered,  fee  Mtnts^ 

116.  I. 
Leather. 
Raw  Hides  not  to  be  tranfported  on  foifei 


M 


ture,  jee  Hidi;s, 


6i.i. 


Brought  from  beyond  Seastianrporlablejit, 
To  be  prcfcrved  from  corrupting  on  ptnaUy 

ibid.  s,2, 

>IoButcher,CurricrorShoo  maker  to cxer-        ^  ^^     

cifeTann.ngronpenalty,/feXt<J^l»t>j8ti  r    Maygrant Licence  to  export  Towdfir,  See 
T^oTannertobsaBiitthei-,  &(:,  ibid  I      Povpder  ti6.  x, 

GafhJngHidcs  in  taking  off;  penalty      »^  May  appoint  Surveyors  of  Ships  to  be  built, 


rate:, 

GOvemoutjDeputy  Gove.-nonrand  five 
Magiftrates may  order  and  divert:  for 
removing  obftruftions  referring  to  the 
Execution  of  impofts,  fa;  Imposts,  j^.iz 

Three  Magiftratss  may  keep' a  County 
Gonrt,/<f  CoKriv  "35,  7. 

May  order  fsv-'-fefllon  for  J-mage  doiicty 
ifdians  to  sbeCflttie  of  Engii(h,/rc  In- 
dians ^       76.  7. 

With  SeltO.  jiien,  may  place  out  ucruly 

Child»'en,  Us  Ct'dJren  26.y. 

May  di.rpofe  of  Orphans  to  fervice,  18.  tf. 

May  punith  Jnk.eepcrs  for  neglcft'  of  gi- 
ving accompt  of  draught  of  Beer,  See 
Impjis  70.  4, 

Two  Magiftrates  may  puni(h  Indian  Tra- 
ders allowed,  for  not  giving  a  triJc  ac- 
compt  and  payment  to  the  T;«afijrcr,  /re 
Indians  78.1a. 

ConfentiRgtoan  Affignmentof  a  fervantis 
§*,  u^fie  M Alley  $  16^.7 

Way  out  of  Court  difpofe  of,  and  fettle  pooc 
perfons, /<?f  f  oar  123.  ft 


Any  Taniicr  piuting^tc  tale  I. rather  infoffiti 
eiiily  Tanned,  t>a,fyileited  «i?.  i.\ 


bee^hiis 


U  z 


ly 


MVJ 


The  Table. 


May  take  Order  about  Strangers,  jceStmn- 
gers  ^  P-  i§4 

With  the  Clerk  of  Court  may  take  the  ?.c- 
kaoveledgement  of  a  Judgement,  Sec 
Courit  56.  7' 

One  iJ^a^iiflmtc, 

May  puTiifli  bttach  of  ihs  peace,  /re  Brednh 
of  the  P  me  J  I.  I. 

May  fuppiefs  .a  forceable  detaining  pofTef 
fion  after'  EKecution  ibid.s.a 

May  give  PcflefT.on  ih'ui 


One  or  two  to  beprc'cntat  opening  Votes 
for  Nomination  of  MEgiftratesJlviVrifif/p?;/ 

47.  s. 
May  commit  any  pcrfon  fufpeftcd  for  firing 
ahoufe,&G. /e«  F'mng  ^1,2. 

May  punifn  fuch  25  ksi)  Macurel  before  July 

May  punifli  fo»  Galloping  in  Bollon  ftrccts, 

^se  Galloping  ?•  S? , 

May  p«'iifll^ai"ing  or  Dancing  in  Ordi- 

nc-'tieSj/je  (^smitig  ^  s?.  1. 


May  imprifon  the  detainer  and  abettors  by    May  difpofc  ol  Caidsand  Dice  brought  in 
Warrant  to  ths  Matfhal  'W        vo!unfaii!y  ibid.?.^. 

May  give  Oath  to  Clerk  cf  Markets, /f^£(!7     May  ccimnit  toPrifon  any  who  wictingiy 


May  prefie  Workmen  to  repair  defective 
Bridges, /(ff  JSiffljifj  ta.  3« 

May  punifti  for.Pilfring  under  40   j.  Sa 
Bmglary  13.  ^. 

To  return  the  Cafes  he  ifTues  to  County 
Cou/t  ihfd 

May  punifli  Corporally  in  cafe  ibid- 

May  give  Warrant  to  fearch  for  ftolien 
Goojs  i'vid 

May  proceed  with  any  fufpeQed  according 
to  Law  p.  14 

May  give  G'agers  of  Cask  and  Packeri  an 
OarK,  fte-Casi:^  16.  1. 

May;  punifh  any  for  taking  Cattle  to  ufe 
without  leave,  when  and  how,  fee  Catth', 

ip.  J- 

Way  end  fmall  Caufes  under  40. >r.  See 

Cat) fas  30.  I, 

May  fit  iti  a  Court  with  the  CommifTiODeis' 

of  Bolton  21.   5. 

May  punifh  unruly  Children,  fee  Children^ 

27.  2. 
May  puntft]  any  perfon  entertaining  Chil 
dren,  &c,  ibid.?.}. 

May  dsfpofe  of  OfTenders  brought  before 
him,  /ff  Const  Me  it.  t. 

May  pTOifh  any  that  refufeto  aid  a  Con- 
ftable  ibid,  s.j. 

May  commit  to  Prifon  any  that  re/ufe  lo 
make  acknowledgement  of  a  Deed,  &c. 
fee  Conveyance  j£.  4. 

May  adjourn  a  Court  in  cafe,  fee  Courti  ad- 
joiniiynints  ?•  i^' 

■May  Summon  a  Jury  en  untimely  deathjue 
'Unltmcly  iieath  P-19- 

May  deal  with  cpcn  oppofers  of  the  Word, 
&:c.  fee  Ecckfajltcal 


and  v.'illi.ngly  deny  the  Scnjplai e^ fee  Hettfie 

rp.  2, 

May  by  Warrant  exad  fines  on  Maflers 
that  bring  in  Quskers,  and  take  feeurily 
10  carry  them  away  60.  jy 

May  appoint  men  to  view  High-wayes 
oneon-ip)aint,/i?(f  .//?^fc-w^^f/        6j^  ^. 

May  pun;.(h  cr  binde  oveE  idle  perfons  to 
the  Court, /f?.M^  Pfr/OK/-  66.  t. 

May  commit  or  bind  over  to  Court  of  /(Ti- 
ftants  any  fufpectcd  to  be  a  JefuitCj/eff 
lifmtet  p,  ^7. 

May  fine  any  refufing  to  afTif^  the  Guftoroe 
Maf^tr,  fee  hniofi  6S.  2 

With  the  over.fcc;.-^  of  a  work  may  Ireipreffe 
workmetj  ic  Ihe  next  Towns^,  and  fet  "WX' 
^es,  fee  Imprejj'cs  7^.   ,^ 

May  fine  or  puuifh  a  Drunken  Indian, /ee 
hdians  yg.ti 

May  pc'-iiOi  sny  ibat  brew  not  Bctr  zzzoxi.- 
wgioL?.v7,fes  hhecpers  go.  2. 

May  ^mrSh  P.et?.ii;rsof  Strong  waters,  or 
pnvste  Hcufe  keepers  fcr  permitting 
Tipling  ^  f.SiiS2,S.7,S. 

May  delerrnsns  ail  oftences  againft  thatXaw 

Msy  puniin  wanton  and  rode  fmging  in 
publick  Houfes  gf  17 

May  commit  any  that  keep  a  Houfe  of  En- 
tertainment without  lieenfe  in  cafe,  S.18 

May  punifh  any  found  in  publick  Houfes 
prohibited  by  Sekti  men  s  j.  tp 

May  Summou  a  perfon  to  anfwer  a  Ctitncj 
fecluYors  g^.  6. 

May  give  an  Oath  to  ptoovcis  of  Leather, 
fee  Lci-'^tker  s^,  ^ 

May  give  Oat"h  to  Searchers  and  Scalers  <^ 
Leciher  ibid.  r,4 


4^^^■  /.J-         - 
May  puDifp.  pcricr.s  forabfenting  from  pub  I  May  punilh  Lying}/«i'  L'jin^ 
lick  \Vot!hipciithei,abbattl"'      4i.i(' 


M;iy 


The  Table, 


May  punilhSeaniertdefetting their  Voyage 
fei  MartUynt>  99-  22. 

Way  allow  of  a  Motion  to  Marriage  in  cafe, 
fee  Marringt  to  1.  ^ 

Nfay  coiTimit  to  Prifon  any  atteiDpting 
Marriage  in  cafe  ib'id 

MayjoynperfonrinMamagc,  102. s 

May  not  joyn  or  fuffer  any  to  joyn  ttem- 
fclvesin  marriage  before  publication  ibid 

May  prefsmen&Doates  to  purfucRunna- 
wates&c-  See  Mafiers  104.  3 

MaypuhifliMairtcrsiheafc/Jf^'r/a/t  106.  i 

May  commiti  a   diforderly  Souldier    to 

prifon  in  cafe  /ce  A^tlttary  p.  103. 

May  by  Warrant  feize  the  cftatc  of  any 

tranfportingburGoyn,  fee  Monty,   iii.2. 

May  give  the  Oath  of  Fidelity  to  Inhabi- 
tants dnd  Strangers,    fee  Oaths,     119.2 

May  give  Oath  to  culfersof  Staves,/ff  Tt^e- 

PclVeS,  p.   t2  2. 

May  commit  Ruoawaics  to  the  houfe  of 

Corrc<f\ioh,  fte  Prifon.  i2j.   3. 

May  give  an  Oath  to  a  prifotid  not  worth 
five  pounds,  ^.i28.s 

To  keep  a  Record  of  all  Judgcmenh  gran- 
ted by  him  againft  any,  fee  Records,! 2 9.\ 

May  fine  any  newly  married  not  returning 
their  names  to  Clerk  of  WrittS,      tjO.  2 

May  fine  atiy  defacing  Records  ihiei 

Maypunifh  Sabbath  breakers, /re  Sabhath, 

132. 1 

Or  any  drinking  in  Ordinaries  aftct  Sun  iit 

ibid. -f.  2. 

May  punifh  doing  fcrvilc  work  on  the  Sab- 
bath ibid.  s.  4 

Governour  or  Deputy  Governour  may  ap- 
pointSurvcyors  of  Ships  to  be  built, /fc 
Ships  13$.   I 

Governour  or  DcputyGovernour  may  take 
order  about  Strangers,/? *  Str anger s,^.m 

May  allow  a  Stranger  to  tefioe  in  a  Town^  tb 

May  punilh  Curfers  and  Swearers, /f»  Swea- 
ring p.l44yl4J 

May  punifh  and  difpofc  of  Vagabonds,  Set 
F:igaboi)ds  p.  I  fj 

May  fmc  any  negl^ittg  Watchfej,  .fee  Wat- 
ches ifjf..   I 

Miay  takctbcTcftimony  of  apcrlon  of  14. 
years  o{  agCf  f'tiyitneffet  s/i.  2 

M(i*t-flaughtcr. . 
Any  I  rrfnnthitfhallkil!  another  in  the  dc 
ieiiccof  himldfor  ano"licr,^c.  ftiall  hz 
blamclcfs  f.  y2. 


Maritime  Laws. 

The  major  part  of  Owners  of  Yeffels  agrcc^ 
iriginfettingthem  forth,  the  minor  part' 
Owners  concluded  therein  p}..  I 

Any  Owner  rcfufing,  or  by  abfente  cannot 
fit  forth  his  part,  the  Maftcr  may  take  up 
on  bottomary  '^'"^ 

AD  Owner  of  Ship  or  Veflfel  not  alTcnting  to 
let  fuch  Veffe),  muft  manifeft  it  by  pro- 
teft,  &c.  ibil  S.2 

When  Protefts  in  fuch  cafes  valid  »t>* 

No  Voyage  to  be  hindred  by  fuch  protcft,*^.. 

How  the  Didcntcrs  pa  rt  is  to  be  fecured,  )i> 

Owners  of  Veffcis living  in  feveral  Countries 
how  fat  the  Matter  may  ad  on  their  parts 

94-  ?' 

Maimers  or  Mates  non-attendance  aboard; 
the  penalty  ibid.s..j. 

Maftcrs  agreement  with  their  men  for  wagea 
tobeenttedin  a  Book,  with  their  mens 
hands  thereto,  on  penalty  ibid.f  x 

Matters  to  make  due  provifion  for  Seamen 
and  PafTengers,  on  penalty  9s-  6. 

No  Matter  to  fnip  any  Seaman  fhipt  by  ano. 
thcrbefor?, on  penalty  ibiA.s.7 

No  Seaman  to  thip  himfelf  with  any  man 
till  cleared  by  the  fitft  imployer,  on  pe- 
nalty _  «tf«^ 

No  Matter  to  put  into  any  Harbour  in  h.s 

voyr^ge,  except  neccffitated  &c.  oopcualty, 

s.   S' 

Mifters  may  aUcrtheir  voyage  In  cafe,  s.  y- 

M^fters  to  pay  mariocfs  their  wages.  On  pe* 
naity,  96.   10 

Damage  on  goods  aboatd,  howto  be  made 
good  in  cafe,  s.    ;/. 

Nq  Matter  ofavefTcUto  more  nccr  him  that 
was  ffrftniored,  on  penalty,    ibid.  s. /-'. 

Any  Maftcr  under  fail  running  aboard  a  Ship 
at  anchor,  to  pay  all  damage,      97.   ij. 

HoW  goods  thrown  0  ver-board  to  be  made 
good,  s.    I A 

AVefTell  giving  over  her  voyage  through, 
infufficicncy,  the  charge  of  Ladirtp  &  un- 
lading, by  Whom  to  be  paid,    Wids.  n. 

Goods  damaged  at  Sea  by  negligence,  to  be 
made  good  by  matter  &  manners,  ii.s  1 6 

Damage  ilone  ty  one  Ship  on  anotljtr,  by 
breaking  loofc,  how  to  be  tnadt'  good  ^S. 

17 

Marrinerj.abfcnting  thcmlfilves  from  tScir 
Ship,  the  penalty,  %^<L  s,  4  f, 

E  Mar 


TheTahle. 


Marnners  caufmg  dlflurbance  in  aShip,to  the 
prejudice  of  the  voyage,how  puni(hcd,jfc. 

s.  19 

Any  pciiOn  undertaking  to  be  a  Pilot  fifc.and 
iound  infufricientjhis  penalty,  thid.  s.  2c. 

Marrioe.-i  to  keep  watch  at  Seajand  in  Har- 
bour, on  penalty,  f().2l. 

Marnncis  deleting  theifVoyage  punifliablc 
in  cafe  ibid.s.2  2 

Marriners  having  received  their  Wages  and 
deferting  the  Ship  to  be  putfucd  as  Runa- 
waycs  i'bid.  i.z  ^ 

Marriners  entertaining  perfons  on  board 
without  leave,  the  penalty  MA.s.  24 

Outrage  by  Marriaers  on  the  Mafter  how 
punilTied  too.   25 

Marriners  in  diftrcli  at  Sea,  not  to  leave  the 
Ship  if"  no  peril  of  life  i^^^-i  ^  6 

Mafriaers  .in  cale  of  Shipwrack  to  endta 
vouf  the  faving  what  may  be,  and  to  have 
reconipence,  \i  neglccled,  the  penalty 

ibid,  s.iy 
Marriage. 

No  man  to  ftrike  his  wife  or  woman  her 
husband,  Of!  penalty  101,   i 

No  perlbn  tobejo^ncd  in  marriage  before 
Publication  ibid,  s.2 

The  mannerQf  Publication  ibid 

Any  pcUoi:  making  motion  to  manjage 
without  confent  of  Parents,  &c.  the  pe- 
nalty ibid.    ).B 

No  married  perfon  whofe  Husband  or  Wife 
is  in  other  Countties,  may  re(ide  here  in 
Cafe,  oa  penalty  ibid.   s.^. 

Nonemav  joyn  perfons  in  marriage  but  a 
Magjflrate  or  other  perfons    appointed 

i02.-St 

None  may  joynthemlelves  in  marriage  but 

before  fucb  &  that  after  Publicaiion,  ib. 

No  Man  may  marry  his  firfl  wives  natural 

fifter  ibid.  s.  6. 

Every  new  married  perfon  to  give  in  his 

name  to  the  Clerk  oi  WnttSj  00  penalty, 

fee'S^uordf  /50     ? 

Marjhitl/s  their  Office  and  Povir. 

To  obey  the  Warrant  of  oae  Magiftrate,/ff 

"Breach  of  peace  11.  2 

May  requite  aid  in  cafe  'Md 

To  icrvc  Warrants  or  Attachments  for  cafes 

tryablc  before  one  Magiftratc,  [ce  CaufeSy 

20.  I 

To  a  Hi  ft  and  obey  the  Cotnjniflioners  of 

Bolton  2/.  s- 


To  levy  fiucs  impdfed  by  Coun,[ee  fines,P.f\ 
may  Attach  and  Impnfcn  pencns  til!  fines 
arc  paid  'bid 

Py  Warrant  from  a  Magiftratc  to  appre- 
hend deniers  of  Scripture,  jic  Hcrc(ie, 

59-   2. 

To  Collcfl  fines  &c.  by  Warrant  fi  cm  the 

Treafurer,  en  penally, /cf  Ma>^ia\\s   s.  i. 

^Trcajiiytr^  //i.  4 

To  Levy  Executions  on  penally  ibid.    s.  2. 

To  make  Returns  of  Executions,  to  Clerks 

in  two  months,  on  penaky  ibid. 

To  ferveall  Attachments  dircdled  to  them 

and  make  return  to  the  Clerks  cf  Courts 

10;.  3. 
No  Marfhal  to  be  a  Clerk  ci  Recorder  of  3 
Court  ibid 

Marfbalsfces.  ibid,  s,  4 

Additional  fees.  itid 

Mar'Jiall  Generals  fees  ibid.  s.  j 

Marfhallsand  their  Deputies  may  require 
.  aid  in  cafe,  as  Ccnft ables  may  do,  ibtd.s .  6 
Any  refufirg  to  aid  them,  the  penalty,  ib\d 
Maifhallsor  other  Officers  power  in  levy- 
ing Fines,  Amercements  and  Executions 

ibldt    S.   7, 
Where  they  are  to  make  demand  tbid 

The  Officcis  charges  to  be  leavied  with  the 
Executions  104.  8 

What  Goods  may  not  be  taken  byExecu- 
cutioD  ibid 

The  J^arfhalmsy  take  the  perfon  rcfufing 
to  difcover  Goods  or  Lands  ibid 

ii/arlhai  or  other  Officer  doing  wrong  to 
anytomakcfarisfacTtion  ibid.s.^ 

To  enquire  after  Wheat  landed  frojj  for- 
reign  parts  and  put  to  fale,/fe  Ai(ilt^\o6.z 
M&iVcLiX  General  to  receive  of  the  Secreta- 
ry, and  fend  forth   Orders  of  Gcneial 
Court,  fff '.^ft'o»-(ij  329.5 

To  fend  forth  Treafurcrs  warrants,  &c,   ibid 

MaJlerSf  Servants,  Labourers. 
No  Servant  fhall  Give  or  fell  any  commodi 
ty  without  Liccnfc  104.   r. 

Time  for  Workmen  prefcribed       ibid.s.z 
Runaway  Servants  and  other  fufpitious  per- 
fons how,  and  by  whom  to  be  purfued, 

ibid.  S.J. 

Workmens  Wggesto  be  fet  by  the  Free- 

men  in  Towns  ibid.  s.  4. 

How  Workmcnswagcs  to  be  paid,  v  0  j,  j. 

Servants  flyiog  from  ctuclty  may  be  har- 

b0U2C(J 


The  Table. 


boured  in  cafe,  ihid  S.  6 

No  Servant  to  be  put  off"  for  abofve  one  year 

•without  cortfent  of2Mngifl;ratJS,;tzc/.s.  7 
Servants  maimed  by  their  mafters,  to  have 

recompencej  ibid.  %.8 

faithfall  Servants  to  be  rewarded,  ib'td.  s.  p 

Unfaithful!  Servants  how  puni(hed,?fcJs.fo 

See  more  Burglary^         i^.  2^ 

Malt. 
Penalty  for  malftcrs,if  malt  be  not  well  made 

106.  I. 

No  wheat,  barley  &c-  to  be  brought  in  from 

forrcign  parts,  on  penalty,  tbid. 

Millt,  Millers. 

No  /filler  fhall  have  above  cine  fixtecnth 
part  for  Toll. of  what  he  grinds        p.lo6 

Every  filler  to  have  Weights  and  Scales, 

ibid 
Military. 

The  Serjeant  Afajor  by  Warrant  may  re- 
quire the  chief  Officers  of  the  Regiment 
to  meet  1 07. 1 

Such  meeting  mayimpofc  fines  in  cafe,  Md 

may  order  Clerks  to  diftrain  ibid 

64.  Souldiers  bcfidcs  Officers  fliall  be  ac- 
counted a  Foot  Compaay  :o8,  4- 

The  Major  of  the  Regiment  to  order  frr.al- 
Icr  Towns  ibid 

Every  Capt.  Liev.  and  Enf.  to  have  Com- 
milfioD  from  the  General  Court        ibid 

Every  Captain  fhall  appoint  what  Arms 
every  Souldicr fhall  fervc with       .ib.  s.% 

Two  thirds  of  every  Company  to  be  M\i{- 
kets;  Pikes,  to  have  Corflets  and  Head- 
pieces,/fc/i.     Or  BufF  or  Quilted  Coats 

Every  Captain  to  exercife  his  Company  fix 
dayes  in  a  year  ibid 

To  give  notice  thereof  three  or  four  dayes 
before  ^tiVi 

Dayes  cxpendedin  marching  to  ^^  fj^  ^j 
Regimental  Exercife  allowed  part  of  the 
fix  dayes  ,bi^ 

The  three  chief  Officers  may  puniOi  difor 
deriy  Souldiers,  with  the  macncr  ho\r,;fc 

s.  6. 

Souldiers  how  to  be  Armed,  on  penaky,  *.  7 

Who  are  to  be  provided  with  Arms       ibid 

Any  Soaldier  wanting  Arms,how  to  be  fljp- 

Whdtpecfons  arc  exempt  bom  Training, 

tbid.  i,^ 


Every  Company  to  have  a  Clerk,  his  daty, 

ibid.  c.lO 

To  be  upon  Oath  ibid 

Committee  of  Afilitia  in  every  Town  ftatcd 

their  power  and  duty  in  care  of  A!arms,  s.i : 

No^ajorto  lead  his  Regiment  oiu  of  the 
County,  except,  &c  tbja 

Seniority  of  Captain  to  be  according  to  the 
Seniority  in  Towns  ibid 

Bofton  Captain  pteceedency  by  priority  of 
Commifiott  '  ihj^ 

Warrant  for  Iropreffing  Souldierf,  to  be  di- 
rected to  the  Coinmi'tee  of  militia        ib 

Committee  of  militia  may  fupprefs  raifing 
Souldiers  by  any  but  this  Government,  w 

Committee  of  militia  with  Seled  men  to 
mount  Artillery,  and  repair  Forts,  &c.  ib. 

Commiffion  Officers  of  Horfc  to  be  of  the 
militia  jj,,^ 

military  Watches  how  to  be  fct         ib.s.)Z 

Firing  a  Gun  after  the  Watch  fer,  the  pe- 
nalty ,,n 

The  duty,of  a  Sentinel  and  Round  ib. 

'What  fliall  be  accounted  an  Alarm  ibl 

The  Souldiers  duty  on  an  Alarm,  on  penalty 

ibid 

Smiths  and  othtr  WotJbncn  to  repair  Arms 

on  penalty  3ir.  12, 

Surveyor  General  yearly  to  give  accompt 

to  the  Gouncil,  of  tjie  jftock  of  Powder,&c 

ii>id.s.iti. 
Every  Town  to  have  a  Watch  heufe,  on  pe- 
"^'ty  ibid.3.15 

Every  Town  to  have  a  ftock  of  Powder,  &c 
on  penalty  jbi^j 

Troops  to  be  under  the  command  of  Majors 
of  Regiments  ijj.^j 

Troopers  ptivilcdges  confirmed,  what  ex- 
cepted ,bid 
Hov^  to  be  Armed  ibid 
To  exercife  6  dayes  yearly  on  penalf/,  ibic^ 
livery  Troop  to  have  a  ClcrJi,  his  fees,  ibid 
Officersof  Horfemay  remit  or  abate  fines, 

ibid 
Troopers  duty  ia  cafe  of  Alarm,  on .  penalty 

ibid 
Ko  Officer  of  a  Foot  Company  to  be  a  Troo- 
per, Hid. 
No  Troop  tobedravrn  out  of  the  County 
but  by  order  of  Major  Ccaecal,  except, 

ibi^ 

NoTroopcr  may  put  ofFor change hii  Horfe 

without  leave,  on  penalty  ibid 

E  ?.  TiooJciJ 


The  Table, 


Troopers  fines  for  Non  appearance  tbtd  1 

Ko  lifted  Trooper  may  disband  himreirwith  j 

out  leave  on  penalty  ibid  • 

A  Trooper  difmifl  to  be  returned  by  CertiE-  j 

cate  to  the  Commanrfer  of  Foot  in  every  \ 

Town  ibid 

Inferiour  Officers   Ccunmi/Tions   to  ftand 

good,  on  the  death  of  Soperiour  Officerr. 

114-  17 
Souldiersbeiog  difrniftfromLxcrcifi  to  re- 
pair to  their  quarters  ibid 
OiforderG  of  SouJdicrs  to  be  punifhed  by  tht 
chief  Officers                                    ibid 
Trooper* lifted  after  dj  not  to  have  the  al- 
lowance of  5.S.  ibid 
Who  may  be  lifted  as  Troopers  ibid 
Who  are  lyable  to  Military  Watcbes,  s.i^ 
Town'?not  under  parJicular  Majors  to  be  or- 
dered by  the  Major  General        125.19. 
Commifrioh  Officers  to  be  chofen  by  the 
Genera!  Co  urt,except,&c.          116.  23 
inferiour  Officers  to  be  criofcn  by  Commif- 
fion  Officers,  or  Major,  where  no  Com- 
miflioa  Officers  are  ibid 
Regimenta!  hjeetiDgs  ordered         ib.s.  gj 
TheJ^fajors  allowance  at  foch  meetings, 
what,  and  by  whom  to  be  paid  ibid 
Commiffion*  for  military  Officers  to  have 
tfacPublickSeal,  fee  Seats  Fubfickj^M^ 

Dlfcoverefs  of  Mines  to  enjoy  the  profit 
thereof,  for  ai  years,   provided  ,  &c, 

116.    I. 
Wines  found  by  any  man  in  his  own  proprie- 
ty, fliall  remainto  the  Owner,  except,&c 

Hid 
Money 

TheMinth'ouretobeatBofton  tiC.  I. 

/\  II  Officers  belonging  to  it,  to  be  fivofn,  jfr. 
"Every  perfon may. bring Birilibn  or  Plsteto 

be  minted  ib 

All  money  minted,  to  be  of5rcrI.  Alloy,  ibid 
The  Stamp  and  Infcriptiori  of  money,  jb. 
The  value  of  money  Coyncd  jbic' 

Money  Coytied  here  to  pafs  currant  ib 
AUowance  forCovning,and  wcJghi.of  Coyn 

ibid 
No  petfen  to  carrv,  out  the  Coyn  of  this 

Country,  on  penalrv  117. 2, 

Searfibersi'Dr  moncy.fxporttngto  be  in  all 

neediul  piaccsj  theu  power  ibid 

Stich5earf)hers  to  take  an  Oath  ib, 

TOay  te<}wxrc  AffiiiaQoe  ibid. 


Aionopchei. 
No  Monopcly  allowed  but  of  new  Inven- 
tions that  may  be  ptofirable  p.iijj 


Oatht,  Subfcrjption/. 

NO  Oath  to  be  impofcd,  or  fLbfcrrption 
required,  but  what  the  General  Comt 
bath  appointed  up.  j. 

"No  Oath  binds  any  man  or  Officer,  but 
while  an  Inhabitant  ibid 

All  Inhabitants  take  ihe  Oath  of  Fidelity,;. ^ 
All  Strangers  to  .taAe  the  Oath  prefcnbed, 

p.  120 
Offrejfiott. 
What,  and  how  punifhed  p.  jzo. 


Faymintt. 

ALL  Payments  to  be  in  Specie  contra- 
•fiedfor  m.  2. 

Petitions, 
Evay  Cabfe  heard  by  General  Court,  to 
pay  the  charges  of  the  Court,  bcfides  En- 
try p.  121 
When  Petitions  are  to  fee  received,  when 
not  ibid 
Who  may  ptEfenl  Petitions  without  pay- 
men?                                              ibid 
Accomptofthe  number  of  Petitions  to  be 
fignified  to  the  Court,  as  direifted      ibid 

1'ipeftaveSj  Vitmrs  of  Staves. 

Coopers  f^aves  to  be  cuiled,/ff  Coolers,  17,5 

Two  Viewers  of  Staves  to  be  chofen  tn  eve- 
ry Town  where  they  are  (hipt  off,  See 
Fipr^aves  p,    12 1 

The  V:  ewers  to  be  upon  Oath,  their  power, 

ibid 

Affizc  of  Staves  ibid 

Toicepaccompt  of  Staves  approved,  and 
for  whom  ibid 

Pipeftavcs  fhipt  not  approved  forfeitable,  is 
Seai'chers  fees  for  colling  ibid 

Mafte;s  receiving  Staves  on  board,  not  cull'd 
ihe  penalty  ibiJ 

Refufc  Staves  not  prohibited  tranfportation 

ibid 
Foot  Terfont. 

Tobcdirpofcd  of  by  Sbire  Courts  or  two 
TvlagliVatcs  out  of  Court  ai.i. 

Any 


The   Tahle. 


Any  perfon  not  excepted  againft  within  3 
moneihs,  fhali  be  reputed  an  Jnliabitant 
in  Towns  where  thy  arc,  th'id.s.2 

Any  perfon  excepted  againft,  and  not  remo- 
ving, nor  coinp.lained  againft  to  the 
County  Court  by  any  Town,  the  penalt.ib 

Wliere  perfons  cannor  be  /ettlcd  in  any 
Town,  the  County  Court  may  order-  their 
rcfidenee,  the  charges  to  be  paid  by  Coun- 
ty Trcafurer  ibid 

Poffejfwn. 
1  ille  to  Inheritanccsby  PonefiioD,  declared 

p.  J  24 
Porters, 
lo  be  allowed  by  Seled  meD,and  their  Wa 
gcs  determined  P  124. 

PUintsffs  and  Defendants. 

Plaiiti.ff  asking  advice  of  any  that  are  to  judg 
in  his  cafe  may  cot  ptofecule  his  Aflion, 
fee  Counsel  p. 34 

In  fuch  cafe  fhall  pay  cofts  to  the  Defendant 
and  fo  e  contra  ib. 

To  attend  Adjournments  of  Courts,  y^f  jid- 
joumments  p.  38 

Not  profccuting  th(;ir  Aftions  at  Court  of 
Aftiftatitstopay  cofts  to  the  Defendant, 
fie  Jurorj  87.  4. 

Not  appearing  the  firft  forenoon  of  the 
Court  to  be  Non  (iiited  ib.id.s.6. 

May  make  a  new  Entry  in  cafe  ibid 

Defendant  appearing  in  any  Court,  having 
asked  advice  of  any  of  the  Judges,  being 
proved  to  pay  lo.s.  lothePlaintiffe,  fee 
Counfel  P.   34. 

To  attend  Court*  Adjournments,  See  Ad 
jourirmentf  P.  38. 

TohaveCodsofthePlaintifFe  not  profccu- 
ting his  Appeal, /fe^'*''''''!'  ^7*  4- 

To  have  colts  of  a  Plaintiffc  upon  a  Non- 
fuit  ibid.s.tf. 

found.  Pound  breach. 

Every  Town  to  have  a  fufficient  Pound, 

124    I. 

Any  Pounding  Swine  or  Cattle  to  give  no- 
tice to  owner  or  caufe  them  to  be  cryed, 

ibid 

J*  ny  Swine  or  Cattle  efcapiog  out  of  Pouhd 
he  Owner  to  pay  all  damage  ibid 

Owners  of  Cattle  to  pay  damage  or  Re- 
plevin ibid 

No  one  to  Refcuc  Cattle  going  to  Pound,  on 
Pcnalry  ibid.  s.i. 

Pout)d  breach,  the  fenalty  ibid 


Harms  done  to  any  by  Kelcue,  to  be  made 

good  ibid 

OwnersofCattle  abettors  in  a  Rcfcue,theur 

penalty  ibid 

Powder. 

All  Powder,  Lead,  Sliot,  &c,  imponed.to 

be  Entred  with  the  Notary,  on  Penalty, 

u5     I. 
The  Notary  to  keep  a  true  apcompt  or  fuch 
Gooda  'bid 

Not  to  grant  Certificate  to  any  in  caf^.  on 
Penalty  ibid 

The  Captain  of  the  Calle  to  fignific  this 
Law  to  Mafleis  and  Merchants  ib 

No  Pov.der  to  be  tranfportcd  out  of  this  Co- 
lony without  licenfe,  on  Penalty,    il6.  2. 

Prefcrqtion. 
What,  P.  12.6 

Prclidents  &  Formes  of  Oaths  &c.  f.102 
Prifonert. 

Who  may  be  imptifoned,  fee  Arrets,  6.  1. 

Maintenance  declared  ibid 

Not  tobe  kept  in  Prifon  in  cafe  ibid 

Concealing  Eflade  t«  be  fold  ibid 

Or  underBaiIforCrrme,to  be  tryed  at  the 
next  Court  that  hath  cognizance  thereof. 
See  Courts,  ^g.   Jo. 

Tobe  conveyed  to  Prifon  at  tbcir  own 
charge  if  able,  r<f  Prifoners  \i6.  i. 

No  Perfon  to  be  helpful  to  any  to  break  Pri- 
fon, on  Penalty  727  4 

Any  Prifoner  taking  Oath  he  is  not  worth 

five  Pounds, to  be dil'charged  j^s.  j. 

Prtfon  Keepers. 

DifehargedofPcifon'ers  incdfe,  fee  Arrcfis 

6.  z. 

Mori^  fee  Courtt  J28.  5. 

Danger  7.     3. 

Liberty  iQ  take  Bailc  ibid 

To  receive  "Perfons  Committed  for  Drun- 
keniiefsby  Magiftrate,  Commi/Tiooer,  or 
SdeO^  men,/ie  Inkf  epers  8j.  y 

Suffering  any  to  efcape  the  Penalty,  fee 
Prtfon  127    4, 

ToPrefcnta  Lift  of  their  Prifoners  to  the 
Courts  to  whom  the  Cogn  iiance  belongs, 

128.  5. 

Cofti  for  Prifoners  maintenance  to  be  deter- 
mined by  the  Courts  ibid 
Houfe  of  CorrfilioH. 

To  be  erected  in  every  County  at  their 
chargf  127.    2. 

The  Mafter  to  hi^a^iomedbs  Coun.Co.  ihid 


TloeTable. 


His  Fees  \hid  \  S 

Delinquents  commiticd,  how  to  be  puni-  Sablaih 

fhed,  >oid 

The  Mafter  not  to  difcharge  any  committed  j  -pErfons  ibfembg  from  publick  meetings 

but  by  Warrant  ibid  |  Jt  on  the  Lords  day,  Sic,  the  penalty,  fee 

Ecclefafticdl  45".  i5. 


PriviUd^es  Civii. 

Ko  man  to  fuffcr  any  puhifliment,  &c.  but 
by  vertue  of  fome  Law  eftabliflied,  or  fhe 
Word  of  God  P.     • 

Mo  man  ro  be  Imprifoned  before  the  Law 

hath  lentenced  him  in  cafe,  fee  Impyifon- 

mmt  ^      ?.  74 

Any  pcrfon  may  come  to  any  publick  meet- 
ing,and  prcfent  any  necelTary  motion,&c 
fee  Librmes  Common  po.   / 

Any  petfon  mav  remove  cut  of  the  Junfdi 
dicnjifnokgal  impediment       9 J-  3< 

*Protef}:atfoy!. 
How,  and  in  what  ccfe  to  be  made    p.  12s. 

Pmii^imenf, 
Jio  man  fhall  Ije  fenteaced twice  for  one  of 

fence  p.    iZi;. 

Ko  man  to  be  punifted  "^ith  above  forty 

ftf  ipes  at  one  time  ihtd 

Mo  man  £0  Be  puoiflied  with  whipping  in 

cafe  thid 

Wo  torture  Co  be  afed'Jj^fore  conviftioh,  ibid 

ALL  f-Lvic^^ncesinMiy  cafe,  to  be  given 
in  Writing,  anrt.isepi  on  kis;     12 p.   1. 
Every  Parenr.i^c,  m  gi"e  the  narrtes  of  all 
born  or  dying  to  C  \c^k  of  Writt?,  130.2 
Anv  pcrfon  may  ilecord  TeftimocTies,  &c. 

Def^cin^  of  Records,  the  penalty  Mr! 

Any  Perfon  may  viewer  learch,  Rbltej  Re- 

cords.ot  Court,  &t.  ifc'-'.' 

Rolk  Records^  6:c.  that  may  be  viewed,  in 

l*i:preted  ihidt.s,^. 

Replevin, 

Ou:fiers  of  Cattle  impounacdjm.ay,  Kt'^lc- 
^r.nXA^m^  fee  Cattle  '8.    3 

Jo  be  granted  by  the  Ocrk  of  Writta,  fee 
Clerk  of  wmtr  28.  », 

What  may  be  Replevin  d«  -vvhcn,  ond  by 
wb oin,  fee  Ti^plo-m  P.  1 31 


Prophaoing  of  the  Sabbath  what,  \tc  Sab- 
bath /JS.    I. 

Youth  Prophaning  the  Sabbath,  how  puni- 
Ihed  ibid 

Pcrfons  above  J  4  years  of  age,PropbaDing 
the  Sabbath,  how  Punifhed  ibid 

By  the  Lords  dav  is  meant  day  light       ibU 

Drinking  m  Ordinaries  after  Sun  fet  the  pe- 
nalty /.?/.  2. 

Any  Perfofi  not  paying  their  fines,  or  giving 
fecjrity,  to  be  corporally  punifhed,    s:  ^ 

Any  doing  fetvile  work  on  the  Lords  day,thc 
penalty,  /^4.  -?•. 

What  Travellers  by  Land  ot  in  Boats  to  be 
accounted  Prophaners  of  the  Sabb3th,iti</ 

Saytort. 
No  It:  keeper,  &c.  raay  Attach,  Arrefl,  &c. 
any  SayJor  for  debt  in  cafe  p.    ;  j4. 

Salt. 
In  every  Maritime  Town,  a  mcafurer  of  Salt 
aboard  Ships  to  be  cbofen  P-'^^ 

His  allowance  ibid 

I  Mafters  or  Marriners  non-obfervance  of  Tiiis 
I      Law,  the  Penalty  H'td 

Salt-Peeter. 
In  all  Towns  where  ihe  makers  thereof  dc- 
fire,  Seleft'men  are  to  make  Orders  for 
encreafing  Peeter  P-'ss 

Penalty  on  anyncgleGingPich  Orders,  ihid 
Seleftmennegleftingfomake  and  execute 
fach  O  rders;  the  penalty  ibid 

'  Seal- Publick. 
The  Governour,  or  keeper  of  the  5esl  to 
affis  the  Seal  to  Military  Commiffions', 
SrcafomthisCotitt  or  Council  without 
pay  P.  i3f. 

Schools. 
Every  Town  confuftiDgof  50  Houfc-holdcrs 
£0  have  a  School  for  Writing  and  Read- 
ing Ij5.  «. 
Hov/  fuch  School  maSer  fhall  be  paid,  tltd 
Where  a  hundred  Houfc-holdcrs  are,  mufi 
be  a  Grammar  5chco!.  on  penolry    i    2. 
No  Hetrodox  or  fcanda'ciK  Jcbool-:nafter 
I     CO  beallowcd                       ibid.  ■».  i. 

1  Penalty 


Tbe    TabL 


e. 


penalty  on  Towns  for  want  of  a  Grammar 
bcbool  encfcafer*  i\-r    s. 

Seer  et.tr J.  j 

To  /lt;n  \Varrants  for  Execution  cf  perfons  I 

featcnccd  Co  death  by  Coiir:  of  AiTiitnrirs  | 

or  General  Coiirt,jff  C :)>:,; amui'.    ti).  s-^  | 
To  give  out  Copies  of  the  naircs  oi  jicrlons  j 

allowed  by  General  Court  to  berrcfnien 

jec  C'j>fi:s  38. 12 

To  give  notice  of  all  fines  to  the  T/cafurer 

V.  iciiin  14  dayes,  Jfi-  finfs  ibid 

To  i:gnc  Warrants  lor  ievyinfr  Hirccutions, 

jVe  M'vflTAls  ici.   2. 

To  receive  \n  I'ctinonsar  t'lc  General  Court 

and  take  pay  f/r  rhcnu.'a'  'i>etitio>is,[)lx\ 
To  give  accoTipt  or  the  .■.umber  received  by 

him  to  [lie  Ma^iltrate,  uinch  HiaJl  be  al 

lovvcd  as  p;ut  of  Ins  S.iiicry  ih 

To  deliver  to  the  MarfTul  General  Copies 

of  rpccial  Orders  of  Gcocral  Court  wich 

in  ten  dayes,  (tc  Re^ur^H  Hid  ,. y'\ 

To  write  out  Military  Comir.ilTions-,  &c.  I 

for  the  Seal,  fc:  Seni  i'iillu\  p.  M  5  : 

To  keep  acconiptof  dues  by  fines,  &:c-on 

penalty,/V:' 7Vf;7|rfr<)-  j^i.   4. 

To  prcfent  to  thcCourcil,  or  Court  of  Afli  I 

Hants  an  acccMipr  of  uli  Hor.ds,!^:.  re  \ 

turned  to  England,  jo-  Shij,-/         14c.  j. ; 

Sclfe^  Afuvther.  \ 

Self  mvirthcrers  den yed  burial!  in  commoaj 

burying  places,but&:c.  i'-'37| 

I 
i>i:e'p.  j 

Arjrptrfon  may  kctp  (hcep  on  comnons 

wbcreto  he  belongs,  1  j?      '  . 

five  iheep  to  be  allowed  for  one  cow  where  j 

coiniitoni  arc  lliniej,  \hid\ 

N'one  to  couric  w.th  a\dog,on  p»nilry  i^8.  2  ' 
Any  dog  f.illm j  diet p  to  be  da  igeJ  by  tic  | 

owner,  on  penalty,  i;  id  ! 

Ajl  Wool!  put  to  (die;  hogi'tobc  W3l>.eu  &: 

otdcrcd  on  penalty,  ri;y,  s.  ^' 

Shiyr.  \ 

EvKry  VcfTclI  above  50  Tuns  to  he  built, iTia;!  1 
be  Surveyed  by  I  Jth  as  arc  appointed. ijS.t 
The  builder,  or  owners  of  (uch  ^tifeJ  to  give 
notice  on  pcna'ty,  ihid 

S'..'rifeyor4  power,  ibiii 

Ally  Ship-carpcnrcinot  following  ihc  Sur- ' 
vcyor."!  ajvicc,u7cn  ccniplaiat  how  to  be  i 
prccccded  witn,  ibid^ 

0\\{<.t-i  appjr.reJ  CO  propagate  th:Arc  ot" 


Nciv:, 


'a::fi;i 


'i9- 


Rules  for  their  procceomg  therein,  and  fees 
I'tarcd,  ibij. 

No  maftcrs  aboard  'heir    fhips    to   drink 

healths,  orftiffrr  jthcrs  to  Jrink  them  on 

pi'nalty  140.  4. 

No  pcrfon  to  tire  a  Gun  after  Sun  fet,  or  on 
the  Sabbath,  on  penalty,  ibiJ 

The  Captain  ofthc  Caftle  to  gfv'e  notice  of 
this  Law,  to  ail  Ships  pafTingtl;ecafilc,it'. 

Every  Oiip  tuding  in  our  Ports,  net  belong- 
ing moftly  to  this  Country,  to  payhalfe  a 
pound  of  powder  per  Tun,         thid.  s.    /. 

OffiLers,  as  receivers  nominated  ibid. 

Their  Power,  ibid. 

Such  arc  accountable  to  the  Gcn.CoutT  ibid. 

"Noperfon  Oiill  Trade  upon  our  Coafls  m 
cafe,  on  pcnak),  14.  i .  6. 

Spinnit^. 
TobedifpofccJ  of  and  rcculatcJ  in  the  frve- 
tjl  families  by  the  Scltd't  men.     p.    i^r 

Strflvet 

Ev;ry  one  takcing  up  a  Stray  &c.the  cwner 
not  known,  to  enlbrm  the  Confta'i.  with- 
in fix  days,  ibid.  s.  ;. 

R'.ilcs  for  tile  Conftable'in  fuch  cale,      ibid. 

Penalty  to  finder  or  Conftable  on  negleifi,  ib. 

The  finder  Co  apprize  &  Record  loft  gocd.f, 
cr)  penalty,  ibid. 

Loft  goods  CO  be  rcl';ored  to  Owners  wuhm 
oncy;arafter  publica:ion,on  condition,!/'. 

Findcriof  Strayes  to  pur  wytlis  on  beafVt 
nec)^s,  on  penalty,  ibid. 

When  Cattle  fl-.all  be  accounted  Scraifs,/t/£i 

Penalty  to  any  takcing  olla  wyth,or  takin£. 
awjy  a  bca(^,  ioid 

AH  Strayes  where  to  be  fird  CrycJ,   ib.  s.  r. 

Scraies  to  be  en-.red  with  th:  County  Rccor- 
dci,  ibid 

Strayes  how  to  be  difpofcd,  in  cafe,      ibi4 

Strangers. 
May  fuc  Strangers  in  any  Court,  fee  Courts 

p   :f8    5.  f. 

Every  (Vlaftcr  or  mate  of  a  Ship  to  bring  ill 

Stringers  immediately  upon  their  arrival 

before  the  Cover,  or  other  Magiftratc,oti 

penalty,     fi:c  Strattuer/^  p.  14  f 

TheCapt.  of  the  Caftle  to  make  known  this 

Order  to  VefTclls  that  pafs  by,  ibid. 

Strangers  profefTingthc  true  I\cligion,  tobc 

fuccoutcd  tbiJ. 

F  2  AIJ 


2.04: 


The  liable. 


Ail  perfocns  to  ciijoy  C4ual  Juflice        ibid. 
No  Sii  anger  to  have  any  I.ol  hi  any. Town 
till  aiiowed,  nor  to  be  einertaiaccl  above  5 
weeks,  on  penalty  ihid 

Noperfontorcccivcaftranger  above  three 
weeks,  on  penalty  ibid 

Sureties,  and  Goods   Atiadnd. 
"No  Goods  Attached  to  be  free,  till  Execu- 
tion upon  Judgement  be  I'atiified     f.i4A 
Sureties,  except  in  Capital  or  Criminal  Ca- 
fes, not  to  be  free  till  F-Kcciuion  be  fatis- 
ficd  i^id 

Swearing  and  Car  [me. 
RaflT  and  vain  Swearing  and  Curfing,  how 
punifhed  p.  145 

Swine. 
Any  perfonchofen  CO  execute  Oult^rs  about 
Swine,  the  penalty  14$    1. 

All  damage  by  Swine,  to  be  paid  according 
to  the  Ordcrsof  the  Town  where daniagc 
is  done  ibid.  s. 2. 

W hat  fufficient  Fences  againft  Swine    ihid 
Swine  Impounded  and  not  owned,  hov/  to 
bedilpofedof  146- 3- 

Towns  or  Selecftmens  ncg!e(flto  make  Or 
derE,  the  penalty  ibid 

T 

THe  Earth. 

WHen  to  be  dig  d,  on  penalty,  p.  14.6 
TipSm,  ir  Ti^Uing.q  no 
Seelokeepers,  p^  81^-84 

Tobacco. 
May  not  be  taken  within  20  Poles  of  any 
houfc,&c.  on  penalty  P- '4<^ 

Tolling  of  Cattle,  fee  Hordes. 

Town-Jhips. 
To  pay  their  proportion  to  building  or  re- 
pairing County  Br'idf^cs, fee  Bridget  ,iz.r. 
PcMdlty  by  defective  Bridges  or  Highv/aics 

ibid.  s.  2 
Penalty  of  treble  damage  in  cafe  ibid 

To  choofe  yearly  a  Gager  of  Cask  &  Pack- 
er, fee  Caik.-,  l^'  ^^ 
Any  thofcn,  payls^  4os."«the^  town  muft 
choofe  another,  ibid." 
■Neglc<ft  hereof  the  penahy,  ibid 
■fohave  a  diftintfi  Brand  mark,  peCattk, 

p.iS.s.  3 

to  proN-ide  an  nouic  fcr.£beMiniftry,/ef  Be 

cUJi.'ijlically  4.y     17 

May  impofe  a  fine  on  ^cy  chofen  to  Of5cf, 

and  rcfj::n^  toferve  p-  Freetnetj  SO.  2 


To  reAraine  Indians  from  pfOo)iani:ip,  the 
Sabbath,   fee   hidiun-  77.  10 

To  rfiofe  Sr alcrs  of  1  cather,/if  Lcnther^%9._^ 

Nor  to  appropriate  to  any  man  any  Pond 
thai  is  above  Tf«  acres ^  fee  Liberties 
co7nnnn,  ?'•  z 

Danger,  it  not  excepting  againft  perfons  at 
the  County  Court,  fee  Fcor,  jaj.  2 

Where  jo  Families  aie,  to  havconc  tc  teach 
to  Write  and  Read, /cf  Saoc/j,  136.  1. 

W  here  one  nundred  Families  are,  to  have  a 
Grammar  School,  on  penalty         ib.s.2 

To  make  Orders  againft  Swine,  on  penalty, 
fee  Swine  143.   j. 

May  chufc  Seledt  men  to  order  the  Pruden- 
tials of -their  Town,/fe  Townfhips,!4S.  /, 

To  difpofe  of  fmgle  perfons,  and  Inmates,J.^ 

May  impofc  fines  on  any  refufing  to  fcrvc  as 
Conftables  jbld. ,.  / 

Who  in  them  may  have  priviledge  of  Com- 
monage for  Wood  /.fo.  £ 

To  pay  10.  s.  for  every  Wolf  kill'd  by'  En- 
§Iifh,/fe  Wolves  iSo.  J. 

SelcO  mens  JDutj  and  Power. 

■^0  Affefs  perfons  for  their  Garb,/ff  .^^pparel 

■f-   '• 

To  appomt  perfons  to  view'Town  bounds, 
fee  Bounds  ^  ,q 

To  order  Fences  in  Common  fields  in  cafe, 
fee  Corn  fields  j^    2. 

To  make  Orders  to  repair  Fences  general 
.andparticuiar  under  100  Acres      /^.  6. 

And  to  impofc  fines  ;bij 

Not  to  neg'eifl  making  fucb  Orders  on  pe- 
nalty to  the  Town  ibui 

To  order  repairs  of  Fences  on  thc.Owiieis 
neglcO  ihii 

To  give  Warrant  to  the  ConftabJe  fo  kvy 
double  dsmagcs'in  cafe  \hicL 

To  try  Caules,  and  grant  Executions  in  cafe 
feeCaufes  n,    ,. 

Tt'  make  Country  "Rates,  feeChargu  jft/bl. 

zf.  3. 
To  AfTeft Strangers  any  Monctb  -s-3- 

To  fee  to  the  Education  cf  Youth,  on  pc- 

paltyj/i:  C/7iWrc«  26.  t 

To  place  out  unruly  Cinldrcn  ibid 

Tlic major  part  may  approve  th,;  marriage 

of  Orphans  jg.6 

To  Afiefs  for  Minifteis  roaintena!\ce,/fe  £c- 

clefiajHccd  ^B,f. 

To  receive  X)f  tilt  Cotinly  Ttciflfurcr  fiu-j 

inipofed 


TheTahle 


impofed  on  Quakers,  &c.  and  to  innprove 

ih cm, fee  Elections  4S.    s 

To  lay  our  private  High-wayes,  fee  High- 

waycs  64.  2 

To  give  recbmpence   to  any  dairtaged  by 

fuch  Waycs  laid  out  ibid,p.6s 

To  approve  fuch    StoneHorfcs   as   go   on 

Commons^ fee  Hcrfe I  6j:   -?. 

To  levy  the  penalty  by   Watrant  for  the 

Towns  ufe  ib.p.  66 

The  penalty  ofSelecft- mens  ncglc(ft  ibid 
With  the   Colic(ftor  of  Cuftomcs  to  rate 

perfons  in  cafc/f  e  Imfofls  71.7 

Where  no  Magiftrateor  CommifTionersare 

may  punifli  Indians  forDrUnkcncfsj  fee 

liidians  ;;.    // 

To  approve  of  perfons  to  keep  Ordinaries, 
&c.  feelnk^epeAs  ^p.    1. 

Where  no  Magiflrate  or  Commiflioners  are 
may  commit  a  drunken  perfon  to  Prifoo 
or  punifh  according  to  Law,  fee  Inkcepers- 

Si.    s- 

To  prohibit  perfons  from  publick  houfes, 
&dc  in  cafe  s s-    'p- 

To  receive  a  third  part  of  all  Leather  and 
Shoos  feizcd,y?e  Leather  p  o.f. 

To  Affefs  the  Town  for  mounting  Artillery, 
&c.  fee  Military  110.   11. 

loAflefs  for  Towns  ftock  of  Powder,  &c. 

i  12.  IS 

To  crave  the  help  of  County  Courts  againft 

perfons   obtrudeing  the  Town,  foe  Poor 

p.    12s. 
Toprovidc  for  Poor  fettled  by  County  Court 

ibid 

To  allow  Porters,  and  fet  their  Wages,  fee 

forters  p.    124-. 

To  provide  materials  for  workin  the  Houfe 

of  Correction, /eePn/ofj  127.   ^ 

May  punifh  Prophaners  of  the  Sabbath 

1^2.     I. 

To  make  Orders  to  produce  Salt  peeter,  fee 
Salt  peeter  p.  i  ^j. 

To  impofe  fines  on  any  negleifling  their  Or 
dors  ibid 

To  cbufe  and  allow  an  Officer  an  annual  fti- 
pcnd  to  execute  their  Orders  ibid 

To  provide  for  School- mcftcrs  maintenance 
fee  Schools  ^6.1 

Not  to  admit  or  fufFer  a  Hetrodox  or  Scan- 
dalous Schoolmaftcr  ibid.  s.  s. 

"Ko  appoint  the  place  where  felf- murderers 
fliall  be  buricdj/f e  Self-murder     p.  / ^7. 


To  make  Orders  for  clearing  Commons  for 
Sheep,  fee  Sheep  ,^7.  /, 

May  impofe  fines  for  DUtting  Rams  to  flocks 

ibid 

To  order  fpinnmg  in  their  Towns,  fee  Spin- 
^'^£  p.  14 1 

To  make  Orders  about  Swine,  fee  Swine 

P-  ^^S 

to  manage  the  Prudential  affairs  of  theTowa 

according  to  inflrudiioDS  in  writing,  jfe 

Torvnfhips  j^g,  2, 

To  require  Conftablesto  levy  fines  on  fuch 

as  rcfufe  to  ferve  as  Couftables  ^hld.  s.s 
With  two  Magiftrates  may  put  Children 

forth  to  fcrvice  i^p,  g. 

May  order  and  difpofe  Conftables  Watches, 

fee  Watches  j-     15^ 

With  the  Conftable  to  chufe  a  Sealer   of 

Weights  and  Meafures,/ee  Weights,  %'^<^  i 
To  appoint  Meafurcrs  of  Corn,  Wood  or 

Board  I  J- 6. 2 

To  cut  off  the  Ears  of  Wolves  they  pay  for 

to  Indians  for  the  Country,  fee  ivclvcr^ 

p.    160; 
Treafurers. 
To  iffue   forth   Warrants   for  Afi*efsment 

year]y, fee  Charges   Tublick  23.  j' 

For  levying  the  fame  tbiJ 

To  pay  to  the  Conftable  Charges  of  bnnging 

Rates  t/,,^ 

May  dirtrein  the  goods  of  Conftable  or  any 

other  perfon  in  cafe  ay.  4. 

To  pay  1 00,1. per  Annum  to  the  Colledge,/ee 

CoUedge  10.  z. 

To  pay  charge  of  Hue  and  Cry  in  cafe,  fte 

Cottfiable.  52.  7. 

To  pay  for  Vi(i\uals  and  Vcflells  ImprefTedl 

fecCoiWcil,  p.  ^* 

To  pay  charge  of  Elders  raeetings,whenim- 
p/oyed  by  the  Courts  Order,  fee  Ecckfi- 
(t/iicallj  p.  44.    /y. 

Ttfpaythe  Secretary  for  vaU^'w^s,  fee  Seal- 
Publick-,  p.    /j.< 

To  keep  Accounts  of  all  tranfa(nions  belon.'- 
ing  to  bis  Office,  as  Debts,  Dues  &c  fee 
Treafurers  ,fo.    1. 

To  make  no  payments  but  by  fome  Law  or 
Order,  ibid. 

His  allowance,  iji.  4, 

To  give  Account  once  a  year  to  thf  General 
Court,  ,b,d. 

To  provide  Weights  &c  mealurcs  as  Scand- 

■iidSf  fee  n'a^hts,  ijj    r. 

G  Tn 


7he  Table, 


To  Seal  TownSrandards,         "  i^ii 

To  pay  the  charge  of  Wituefies  in  Criminols 

Jife  fV.'r?)f/jt/,  159-   3 

To  pay  for  every  Wolfe  killed  lo  s.    ^ec 

■Vyclviiy  p.   is9 

County  Treasurer. 
To  pay  for  Hue  and  Cry,  in  cafe,  ^a  Ccn 

jfahle.  Si'  7 


rotes. 
When  perfoDS  are  capable  oi  Voting^  fee 
^biUty  '  I.  I, 

None  to  Vote  in  Elc^ions  bui  Freemen,  ot 

Ever)  ycrfor  celled  loVctc  Id  anyCcuit, 
&c.  ma7  zO\.  cccoiding  to  hi:  own  Jvdgc- 
mcnt, /t'C  F'otf/  p.  353 


To  pay  to  S  c!cf\  mcti  in  Tov^ns  nil  Fines  of  Neuters  to  be  taiicn  in  the  Negative        »K 
Delinquent  Quakcis,  fee  EkO.     48.  j\  'W'ho  may  piJv  matters  to  Vote  the  Prcfi 


To  give  Warrant  tc  the  Maifhal  to  Levy 

Fines,  P*  ^• 

TorccciveFinesfor  ScIetTlniens  ntgle^  of 
the  Law    utUHorfes^  67.    z 

To  pay  for  Poor,  in  cafe,  fee  Poor,    p.  123. 
Tobechofen  Annually,  time  when,  &:  man- 
ner hew,  ftiTria{urers,  ijo.  2. 
■^0  Ckrk  of  Court  to  be  Tteijjurer^     ibid. 
May  give  Warrant  toMarftialls  or  Confla- 
bks  to  Levy  Fines,                           151.  4 
His  Aliov/ancc,  ibid 
To  hive  the  fame  Power  in  his  place  as  the 
Country  Trcafurer,                       l5'-  5 
To  return  to  County  Courts  the  names  of 
Conltables  not  clearing  their  Accompts, 

ibtd 

To  pay  twenty  fhillings  fo  every  Wolf  kil'd 

by  Englifh,  fee  Wolves,  ibid,  s.  3. 

Try  alls. 


dent  refufing  ibid 

The  Govetnourto  have  a  cafting  Vote  in 
Courts  of  A  fiiftants  or  Genera/  Court,  the 
Prefident  &c.  in  other  C.cuitp,  fee 
Courts  ^j,  6 

VfhYy. 

No  man  to  pay  above  8.  ftr  Cent,  forbear- 
ance fo'  a  Debt,  Bills  of  Exchange  excep- 
ted P- 1 5  ? 

Ufury  Contrary  to  the  Law  cf  God  net  al- 
lowed ibui 

W 

WatGhin^, 

WHenConflablcs  Watches  fhall  begin 
and  end  tj^. 

Who  are  lyable  to  Watches  ibid 

Watches  power  and  duty  ibid 

,      _    .  n.     u         T  J  ^  u  .u    Perfons  exempt  from  Watching        155.2. 

Any  Perron  againft  wfaom  Judgment  bath  '^  o        jj 

paft  in  Civil  Actions,  may  have  a  new  Weights  and  Menfures. 

tiyal  on  Review,  in  cafe,  152.    1.'  Country  Standards  to  be  provided  by  the 

Plantiffe  &  Defendant  agreeing,  may  have  I      Treafurcr  ijj.i 

their  Cafe  tiyed  by  Bench,  or  Bench  and'  ASealer  of  Weights  and  Meafures  to  be  in 

jury,  except,  ibid.  s.  a.'      every  Town  ibid 

Every  £3elinc](ient  hath  liberty  of  a  Jury,   By  whom  to  be  chofen  ibid 

ibid.  s.  3.    to  be  fworn,  his  Office  and  power  ibid 

Challenge  maybe  made  againft  Jurors  by    Ncgletftof  Selc<^-men,  Conftable  or  Sealer 


Plaintiff  or  Defendant,  if  found  juft  o- 

thers  to  be  ini  panelled  Hid 

What  petl'ons  may  have  allowance  in  any 

cafe  ibid.  s.  -f . 

V 

Vagabonds. 

BEIng  Apprehended  how  to  be  proceeded 
with  v.  IS  2. 


with 

Vexatious  fms. 
How  puni{hcd,/f£  .Anions 


i- 


the  penalty  ihii 

No  man   compellable  to    receive  Corn, 

Wood  or  Boards,  but  by  a  fworn  meafii- 

rei:  1^6.  2. 

wharfage 
Where  it  may  be  rakeii  ije.t 

The  Rates  allowed  for  Wharfage  ibid 

Wharfage  may  be  taken  out  of  the  Goods 

in  cafe  ibid 

Penalty  of  cafiing  an  Anchor  &c.  in  Bofton 

Cove  iS7-.e 

Penalty  of  tbrowiug  Dung,6ic.  into  the  faid 

Cove  JJ'.s.s.  Wills. 


The  Table. 


wait. 

Who  may  make  Wills,  AlicDations,  &c. 
fee  Ability.  p  I. 

Penalty  of  Executors  not  proving  Wills  in 
time,  or  entring  on,  or  dilpofing  Eftatcs, 
feer^ifls  i/7-i. 

Who  may  take  Probate  of  Wilis,  and 
grant  Adminiftration  158.2. 

Wftnejfes. 

WitncfTes  and  parties  concertied  to  attend 
Courts  Adjournment,  jee  Adjournmints^ 

Teltimony  of  Gamefters  good  againftothers 
in  cafe,  \ee  (^aweflers  58. 4. 

No  man  to  be  put  to  death  without  2  or  j 
witnciFcs, /«  f^A^/f«e/x  ryS.i 

the  teftimony  of  a  perfon  of  14  years  of  age 
maybe  taken  out  of  Court  in  any  Cafe 
Civil  or  Criminal  ih.s.2. 

ID  what  cafe  fuch  teftimony  fhall  be  good 

ibid 

Such  tcftimonics  how  to  be  difpofcd  of  by 
them  that  tkkc  them  ib.. 

WitnclTes  in  Capital  cafes  to  be  prefcnt 

Witneflcs  fiimmoncd  to  any  Court,  not 

bound  to  appear  in  cafe  139,  3. 

What  allowance  witnefTes  fhall  have     ibtd 

Witncfics  in  Criminal  cafes  how    paid, 

ibid 


Delinquentj  to  pay  all  charges  ibid, 

Vf^olves. 
Every  petfon  Engiifh  or  Indian  killing  a 
Wolf,  to  be  paid  i  o.f.  by  the  Treafurec 

Encouragement  for  Indians  to  kill  wolves 

i5o,  2. 

Every  perfon  killing  a  wolf  to  have  2o.s.  of 
the  County,  and  iO,  s.  tbe  Town  where  it 
waskilld  ib.s.£, 

VVooi. 
The  quantity,  how  to  be  reckoned  by  the 
Boats  /.  1^0 

A  Cord  of  Wood  what  ^bxd. 

Artificers  in  Harveft  time  compellable  bj 
theConftablc  to  work  p.  161. 

Penalty  on  neglect  of  Conftible  or  VVork- 
men  ib\i 

VVrecki  "/  f^e  Sea. 

No  violence  to  be  offered  to  the  perfon  or 
goods  of  fuch  as  fuffer  Sbipwrack,  p.  161 

Any  Whale  caft  up,  to  belong  to  the  Coun- 
try '^'^ 

All  Wrltts  and  Proccffes  to  go  forth  in  Hig 
MajcftiesNamc  p.  i6t. 


^     I      S, 


mmfimmm^mmm'i'mmimfsmfi 


X90 


A 


SUPPLKMBNT     OF 


LAWS  AND  ORDERS 


PASSED  BETWEEN 


MAY  15th,  1672  and  FEB.  i6th,  1685-6. 


QOO 


fKnVs  V'erM. 


Several  Lms  and  Orders  made  at  the 

GENERAL     COURT. 

Holden  at  ^oflon  the  ijf^.  oj  <iIMay 

oAnd  Trinted  by  thetr  Order. 

Edward  ^awfon  Seer. 


'  H'lrCcUYi  himg  defuoUi  to  ^rc'nent  all  DiJf^tisfaOicn  and  Jh- 
Conveniencies  that  may  arife  in  the  Tryal  of  Civil   cafes  tn   In- 
fcriour  Courts,  fometimcs  happening  by  rccifon  of   Dtfagrcemtnt 
between  the  Bench  and  lury  forwcrly  allowed  by   Law  ; 
Do  Order  and  Enact ;;  That  licnceforth  in   all  County  Courts,   after 
that  the  Bench  have  ufcd  all  rcafonablc  endeavours  for   clearing  the  cafe 
to  the  Jury,  by  dcclannr;  the  Law,  and  comparing  the  matrer  of  FaO  and  ,ol"eT«T7ni'' 
Damage  proved  therewith,  the  Vcrdi(ft  of  the  Jury  finally  given,  fliall  be  noi  icfufcd. 
accepted,  and  Judgement  accordingly  Entrcd  :     And,  in  like  manner  (hall 
the  proceeding  be  in  the  Court  of  Afliftants,   unlcfs  upon  apparent  cor- 
ruption or  crrour  ia  the  Jury  giving  in  their  Vcrdidl  contrary  to  Law  or 
Evidence,  the  parry  caft  fhall  in  open  Court  Attaint  the  Jury,  and    givg 
fufficicnt  Bond  and  Sureties  within  twelve  hours  after  the   Vcrdi<ft  is  acr 
ccptcd,  lo  profccutc  the  faid  Jury  at  the  next  Court  of  AfTirtahts,  in  ait 
J\(ftion  of  Attaint,  in  which   Cafe    Execution  fhall  be  rcfpitcd,  and  thc'pi,:STTrin-?j». 
Clerk  of  that  Court  (hall  Summon  a  Jury  of  twenty  four  Able  and  n>i/'"<*""^ '"'"':' 
fcrcet  men  chofcn  as  the  Law  Dircf^s,  to  attend  the  fcrvice  of  the  Court  juyincafe. 
where  the  faid  A<flion  of  Attaint  (hall  be  tryed  in  the  firft  place,  andif  oru' 
tryall  of  the  cafe,  there  (hall  be  found  manifcft  Error  or  Mi(\akc,  the 
p.uty  Complayning  (hall  beRcpayed  his  full  dainagc  from  the  other  party 

A   *  to 


Suretye?.     No  Strong  Lienors  to  Workmen. 


to  the  Original  Suit  and  if  by  the  faid  Jury  of  twenty  foux  (y^gre  be  found 
Bribery^  Confpiracie,  orother  Corrupiion,  in  the  Jury  attahited, they  (hgl!  be 

gunifhed  by  Fine  or  Imprifcnment  ,  proportionable  to  the  degree  of  thtij 
(tTence;  And  if  ctherwife,  the  twenty  four  jurors  fnall  acquit  the  for- 
'^"  "''■'"  jjjer  Jurors  accilfed,  they  (hall  be  allowed  double  Cofisfrom  the  party  at 
cufing,  and  rheir  Verdift  and  the  juagement  of  the  former  Court  fhall 
•ftand  good,  and  execution  fhall  be  IlTued  forth  accordingly;  And  that 
Claufe  in  the  Law,  allowing  the  Magiftrates  not  to  Concur  with ,  or  re- 
fufc  the  Verdj(ft  of  the  Jury  is  hereby  Repealed. 


r 


SVRETIES 


^Or  Ex^UnaUon  of^  and  Addition  to  the  Law    fit.  Sureties  and  goods 
Attached,  vehere  it  it  provided  that  Sureties  as  well  as  Priftcipalli  jhall 
be  Refponjible  for  one  month  to  fay  the  Debt;  unlefs  he  cr  they  Surrender  the 
Frincipal  into  the  hands  of  the  Marjliall  or  Deputy,  but  no  vay  provided  in 
whersSandf      ^^^  jdid  Law  how  the  Swetyes  may  be  ccmpetted  thereunto; 
wcforfcitadihf         It  is  therefore  Ordered,  and  hereby  Declared,  That  in  fuch  Cafe  the 
Cafe  to  proceed,  p^^^y  ^^^  Sureties  being  called  and  the  Bond  declared  forfeited  upon  non- 
appearance, the  Cafe  fhall  proceed  to  hearing,  and  Judgement  at  the  fame 
Court,  as  in  cafe  of  the  Defendants  nonappearance  upon  Attachment  of 
ixecutionto      Goods:    And  if  the  Cafe  be  found  for  the  Plaintiff,  that  Judgement  be 
\n"!°-l'8''^"''  granted  againft  him  and  his  Suretyes,  and  Execution  be  Ifiued  out  accor-. 
.  ,„.,.,..  dingly,  and  to  be  in  force  againft  the  Sureties  as  well  as  the  Principall,  for 

one  month  alter  Judgement  given,  as  the  faid  Law  Intends. 


.Sure!>c9 


w- 


No  firong  Ltquor  to  Wdrtmsn, 


Hersas^  thre  have  been  fundry  and  frequent  compUints  preferred 
to  thii  Court,  of  Oppreffion' by  Exceffive  rvages  of  Worknten  oM 
Labourers,  which  notwith/ianding  the'  endeavours  of  this  Court  to  redrefs-, 
fuch  oppreffwns  continue  and  further  increafe,  by  a  dangerous  Impofhion  of 
fuch  perfdns  en  thofe  they  work^and  labour  for,  by  demanding  an  allowance 
of  Liquors  or  wine  every  day  over  and  above  their  wages,  without  which  it  is 
found  by  too  fad  experience  many  refufe  to  work^ ;  Now  forasmuch  as  fuch 
a  pradtce  of  drinkmg  Itquors  and  wtnc,  tends  much  to  the  rooting  youn? 
X4W  prohibiting  perfons  in  an  evil  pra&ife,  and  by  degrees  to  tram  them  up  to  an  habit  of 

Wine  or  arong    py   f   , 
LlQuora  to  work    '•^'■^li  , 

men.  It  is  therefore  Ordered  by  this  Court  and  by  the  Authority  there- 

of,  and  be  it  hereby  Enaded ;  That  if  any  pcrfon  or  perfons  after  the 
publication  hereof,  fhall  give  wine  or  ftroiig  liquors  to  any  workmen  or  boyes 
that  work  With  them,  except  in  cafes  of  necclTity,  (hall  pay  t\ur,ty  [hiUnigs 
for  every  fuch  Offence.  , . 


s;03 

Military: 
M  I  LIT  A  RT, 


THit  Court  Uik»tg  into  thir  ferious  Ccmpderation  the  weight  and  yieceffit^ 
that  lyeth  on  them  ,  to  Jee  that  all  Soufdiers,  (  efptcia/iy  at  fuch  a  fea- 
fon  as  this)  jhould  be  fitted  with  hrmesyand  well  skilled  to  ufe  them:,  jini 
bp.caufe  the  welfare  of  each  Mtliiary  Troop  and  foot  Companjr,  both  in  their 
beitti  provided  wih,  arid  kpowlcdge  of  thetr  ufe  pf  ^rmes,  lyeth  very  mucl. 
tn  the  Clerk^  of  each  Companyei  cartfoll  and  faithfuU  ohfervation  and  execii- 
fton  of  his  Offce,  in  the  feafoHahle  and  du?  levying  of  fuch  fines  as  are  by  Law 
eue  for  defects,  the  negleCi  whereof^  tco  fad  experttnce  pexath,  hath  done  very 
great  hurt  in  many  Comfanyes  ^  for  prevtnting  fuch  Inconveniencies  for  the 
future  j 

This  Court  doth  Order,  That  what  Fines  Ihall  be  due  according  to  Lav/  ^°'^^"fl^^ll 
from  any  Souldicr  for  defcffl,  in  either  Armcs  or  Traynings,   which  the  b"  ihfcierk'of 
Clerk  or  Clerks  of  the  faid  Troop  or  Company  (hail  not  leavic  and  ga-  J^'^^X^fth' 
ther  into  his  hands,  withm  one  Moncth  after  the  Training  day  on  which  m » month  or  <o 
the  faid  dcfccTk  is  made,  it  ihall  be  in  the  power  of  the  Captain   or  chief  ^^'J^^'JJ^?-'*' 
Officer  of  thai  Troop  or  Foot  Company  to  fend  the  Marfiial  or  Gonftablii 
with  an  Execution,  and  lea^/ie  the  faid  Fines  upon  the  Eftate  of  any  fuch 
Clerk  or  Clerks  fo  dcfcftive,  unlcfe  the  faid  Clerk  can  make  it  appear 
to  the  Captain,  that  he  or  they  have  been  hindred  c.ther  by  fickncfs  or 
ihc  abfcnce  of  the  perfon  delinquent  bC'ng  out  of  Town. 

And  it  is  further  Ordered  j  Tlial  the  Clerk  or  Clerks  of  every  Mili- 
tary Troop  or  Company  fhall  once  in  fix  Mcnedis  reader  a  particular  ac- 
count to  the  Captain  or  chief  Officer,  of  aJ!  such  fines  as  are  Icavied  by. 
the  faid  Clerk,  rhat  the  fame  may  be  tli/pofed  of  itor  the  good  of  the 
Company  according  to  Lew. 


THis  Court  co/ifidsnng  our  own  ftate  as  to  Fortification,  hew  that  mty 
Forts  and  Artillery  belonging  xo  the  Country,  both  m  this  Town  of  Bofton, 
Charistown,  Salem  and  iMarblehead  do  need  much  to  repair  tbem^thattkey 
may  be  fit  for  fervice  if  God  fliould  call  thereunto; 

Do  therefore  Order  j    That  each   of  the  Towns  above-mentioned  fhall  rnntie- aif«w- 
be  allowed  what  they  are  Rated  to  the  Country-Rate  for  this  next  year,  c^Zl^,^^^°st. 
for,  and  towards  the  finiHung  and  repairing  the  feveral  Forts  there,  antiifn^i'i  ^"?''* 
that  each  of  their  Rates  be  committed  into  the  hands  of  the  Committee  c,\'io:i'" '^''"'  ' 
of  Militia  in  each  of  the  aforcfaid    Towns,  bv  them   fpeedJy  to  .be  im- 
proved for  the  ulc  abovcfaid. 


'^'U'Hneas' divers  ScuJditrs,  rvho  by  Litry  an  commanded  fo  attend 
Military  Sxcrafc  upon  Tranvng  dayes  in  the  Towns  tf here  they 
live,  not  having  any  vtfible  Eflatc  nhenon  the  Clerk  of  cf  the  Company  v.nto 
"which  they  do  belong  can  le^vie  the  fine  due  ly  Lurv,  nhen' they  are  de~ 
hnquent  etiher  m  uirms  or  Ti witlings,  oo  often  negleU  the  ditty  in  bothkecp-^ 
ing  yirms  and  Trainings,  and  do  thcicupcn  carry  it  boldly  and  provo.ikz-igly 
to  the  Clerks  an  J  other  orfkers  \    Fur  prtvmtion  whereof 

It  is  C.'dcjcd  by  this  Court  and  ihr  Authority  thereof  j   That  it  fhall 

A  1  be 


Bco^-debts,     Burglary: 


be  in  the  power  of  ihe  Commiffion  Cffictrs  of  each  Company,  or  fuch 

of  them  as  are  pit'fcnt  at  the  -next  Training  clay  after  (iich  cffcncc  is cc!i»- 

•  miued,  to  punifh  fuch  perfon  oftending  as  abovefaici,  who  bath  not  fatis- 

^f  Ar^T^ai^  fed  the  Clerk  according  ro  Law,  by  any  Military  pimiflimait  according 

jnewitii  their      (q  ^j.  sggTavation  of  rhc  Ctimt,  by  eiUicr  Riding  the  Wooden  Horfe, 

fii^e^Tow  "ptuii-   or  by  Bi/bocs„  or  lying  Keck  and  Heels,  or  acknowledgement  at  the 

'^•^  Head  of  the  Coitrpany,  or  any  ptmifhment  according  to  Military  Difci- 

plinc,  at  the  Difcrericn  of  the  CofnxrrfTicn  Officer  or  Cffccrs  prsfent 

And,  in  cafe  any  fuch  Ddinquem  fhall  abfcnt  himfelf  froto  Training  two 
^yes  together,  that  then  it  fhall  be  in  tfjc  power  of  the  chief  Ofiiccns, 
and  they  are  hereby  enjoyred  by  "Warrant  dixeOed  to  the  Ccnftible  of 
ihat  Town,  to  con-vent  ft:ch  Offender  before  hitjt,  and  to  proceed  with, 
him  as  rn  this  Order  is  provided,  and  all  ConftabJes  arc  btieiy  Ordered 
io  suvnA  tidr  duty  haein: 


Sock-J)dss. 


'\M Hereas  fcj/  ths  Law  made  May  '  W9  f'^F'^i^  Bot^eiAsi  It  is:Tk> 

dared,  thai  ail  BoBltJ^ebts  pali  be  cleared  within  three  jsars^  as  '4 

thr&9  ex^efsd,  cfier  which  time  no  BockHebt  pxrlt  be  ^leaJMe  m  cry. 

Court'.    Vp'.n  a  general  cc^lesatt,  thus  ihejmd  Law  will  jwcc  to  Hie  real 

ikiAment  of  very  TfuDty  of  cur  Inhabit csits,  ana  tlie  utter  undohg  cjjo.'re  if 

a  ercisitr  riumber  cf  years  be  tut  allowed  tofiiut  up  jiccompc-y 

ihKiwm  for-     "   ij  35  theiefart  Oidercd,  and  is  hereby  Declared ;  Thct  tJT'.'t  ikJI  be 

^  to  WoL^    three  yeaas  -more  ^tldcd  for  the  advamcgt  of  iJebtors  and  Citeditor?  ta 

debts  jffyg  '^^  AocOTipts,  that  2(1  grounds  of  corrpbsrrt  irt  this  k'm(Je  insy  be 

removeJ. 


BVRGLARt. 


W 


■  ly^rfds  in  the  TAtVf  tit.  i?f?r^f«y,  tt  is  ectprffjcrl  if  ar.y  perfon  fhaS 

ci^rnii.  Bt'-;  hvakiiig  opa}  any  Dwelling  Jiou^cj 

/dditionto  uie       It  is  Ordered  Lv   .-  „7intand  the  Audrojtty  theiieof,  as  an  Addition 

i:ii»uu  But        ^Q  ^^^  j^^y.  "j^g  if  any  perfon  ihall  breaX  irp  any  Warehcule,  Shop, 

Mill,  Mak  houfc,  "Bam  or  Out  licufe,  0?  any  Veflcl  on  any  Siio^,  cr  in 

any  Cove,  Cseelc,  or  upon  the  Water,  ivth  pcrfo.i  fo  offending,  fhail  be 

punifhed  as  the  Law  •pro-vidE sin  cafe  of  Istcal^irg  up  Uwcliinp.  houfes. 


Leather, 


H'id^s.    Indians  Pork- 


HIDES. 


\W  Hereas  m  Lffm  tit.  Leathw  in  the  latter  end  of  the  firfl  Seft.  doth 

rejlfain  all  perfons  except  Tamers  to  Bnr^ain  for,  or  buy  any  Hides  "l^f^'i^,]]^'' 
of  ^ully  Steer ,  Ox::    Corv ,  ire.  being  inconventtnt  in  regard  tbey  are  many 
times  given  in  Barter  for  Shoos,  d"c. 

The  faid  Qaure  ic  \hit  Law,  by  the  Authoiiry  of  this  Court  is  here- 
by Repealed. 


WHereas  the  Lam  already  made  to  prevejtt  the  Tranfportdron  of  the 
Hides  of  the  grovpth  of  this  Colony^  do  not  reach  the  End,  fur  want 
of  a  full  and  due  Execution ; 

This  Court  doth  therefore  Authorize  and  appoint  the  Freemen  of  every 
Seaport  Town  within  this  Jurisdidion,  to  Chofc  a  meet  and  fufficient  per- 
fon  from  amongTc  tricmfelvcs  yearJy,  to  whom  nil  perfons  fhall  repair  who 
intend  the  trani'porxsng  of  any  Raw  or  Ruffe  Hides,  and  ..lali  maK ;  proof 
whence  fuch  Hides  fo  to  be  tranfported  came,  and  that  they  are  not  of 
the  growth  of,  nor  killed  in  this  Colony,  and  fhall  take  a  note  froffi  the 
perfon  fo  Authorized  of  the  number  of  Hides  that  he  intends  to  tranfipott, 
paying  one  penny  to  th.;  abovefaid  perfon  for  every  fuch  Hide.  Hfacsof  tfce 

And  it  is  hereby  Ordered,  That:  no  perfon  fhall  (hip  or  tranfport  any  couo.riw 
Hides  whatfocver  out  of  this  Jurifdiition,  without  licenfe  from  the  per-  Sc°"rr^r?^ 
Ton  fo  Authorized,  upon  penalty  of  loofmg  of  fuch  Hides  fo  (hirpsd :  nor  "11!.?^;^')^^" 
fliall  any  Mafter,  Purfer  or  any  other  perfon  belonging  to  any  Ship  ox  pejity  ac=- 
VeflTcl  within  this  Colony,  receive  on  Board  any  Raw  or  Ruife  Hides 
without  a  Note  or  Ticket  frci.i  the  perfon  fo  appointed  Ciuc  appearing, 
upon  the  penalty  of  paying  ten  Jl/illings  for  every  Hide  fo  (hipped :   And 
fuch  perfon  Authorized  as  abovefaid,  fhall  have  power  by  himfelf  or 
whom  he  (hall  appoint,  to  make  fcarch  in  any  Ship  or  C^sk,  wherci.i 
they  fufpcft  any  Hides  to  be  Laden  contrary  to  this    Order,  and  fliall 
make  fcizure  thereof,  and  the  penalties  and  forfeitures  above-mentioned 
(hall  be  the  one  third  to  the  feizer,  one  third  to  the  Coi!ntr>\  sad  one 
third  to  the  Town  from  whence  fuch  Hides  are  (hipt. 

And  it  is  further  Ordered,  that  the  {.eifons  chofcp  as  c&ovcfaid,  (hall 
be  fworn  to  a  faithful  difchargc  of  their  duty  herein. 


INDIANS      "POJCJC 


w 


tfereas  the  Indians  that  border  upon  tie  JEnglijh  Tcwr.:  'Aiiim  tSas  lu- 
rifdinicUy  do  fnquently  fell  'Pori^to  the  Englifh,  (Jnd  there  is  ground 
to  fiifpcil  that  feme  of  the  bidians  do  Ileal  and  fell  th'j  Sugl-Jb  mens  SvAne., 
For  prevention  whereof  j 

This  Court  doth  Order  and  EnafV,  That  all  Engli(h  iren  do  henceforth 
mark  their  Swine  with  fome  Ear-mark,  or  if  they  r.e£,ie(it  the  fame,  it 

A       2  (b 


Qoe 


ScoJdes. 


OrJc/to  prc- 
\ttii  India'is 
fltjIiMglingliili- 
iiiens  Sw'mc 


Oiall  be  reckoned  as  the  lofs  of  ihcir  propriptvy  imthcm. 

And  it  is  further  Ordered  ^  Thar  no  Indian  within  this  Jurifdidlion 
fliall  mark  any  Swine  upon  the  Ears,  and  that  all  IndtaTis  uho  biing 
Porkiinio  t)ic  Englifli  to  feil,  arc  required  to  bring  with  them  the  Swines 
Ears  wholcj  otherwifc,  or  if  the  cais  be  marked,  u  is  in  the  liberty  of 
any  perfon  to  feize  upon  fucli  Pork  tendred  to  fell,  and  the  fame  to  be 
forfeited,  the  one  half  to  the  Scizcr,  the  other  half  to  the  poor  of  the 
plb-cc  where  it  is  feized,  to  be  diAributed  by  the  Se!e<rt-n:ien  ro  them: 

And  it  is  further  Ordeied;  That  this  Law  be  forthwith  Piinted,  Pub- 
lillied  and  Declated  to  all  the  Indians  within  this  Jurifdiiftion  ui  the  In- 
dian Language,  that  they  may  attend  the. fame;  And  this  Law  to  take 
place  and  commence  eight  Moneths  after  publication  hereof. 


VV 


ding 


S  C  O  L  7)  E  S. 

He/cas  thsre  h  no  expi-cp  punijhnent  (by  any  Lniv  hitherto  f/?*. 
bhpied )  affixed  to  the  evil  frciciife  of  fundry  ^crfoni  by  Exorbi- 
tancy oj  the  Tonfue,  in  Ratling  and  Scolding-^ 

It  IS  therefore  Ordered;  That  alJ  fuch  pcrfons  convicf^ed  before  any 
Court  or  Magiftrate,  that  hath  proper  cognizance  of  the  cafe,  fhail  be 
Gaggjd,  or  fet  in  a  Ducking  ftool,  and  dipt  over  Head  and  Ears  three 
limes  in  fome  convenient  placi  of  fielh  or  fall  v/ater,  as  the  Court  or 
Magiftrate  fhall  Judge  meet. 


P.rtolotior>  oF  a 
Ciurftijiiji  to 
fraigljt 


Whether  S  fhjpping  Gccds  upon  B  to  be-  Jdivered  to  R  beyond  the 
Sea,  the  faid  R  paying  fraight,  and  the  faid  B  upon  his  arrival  at  the  Port 
tendr»n.g  the  faid  Goods  to  R,  and  the  faid  R  rcfufing  ro  meddle  with  the 
filld  Goods  and  lo  pay  fraight,  whether  the  [aid  B  can  recover  nis  fraight 
for  the  faid  Goods  of  the  faid  S,  the  faid  Good  being  left  in  a  fafe  hand 
by  good  advice  by  rhe  faid  B,  or  whether  rne  faid  B  ouf,hf  not  ro  have 
fatiiJted  himfelf  for  his  fraight  out  of  the  (aid  Goods  without  mole/ling 
the  faidS?  The  Court  relolves  this  Qucffion,  that  S  is  not  liable  to  pay 
fittsght  unto  B,  but  B  to  fatisfie  tiirrifbif  foi-  the  fraight  out  of  the  Goods, 

Whether  aii  Reviews  ^.v::  to  c?  Enrred  and  Profecutcd  in  that  Court 
whfff  revi<«.  wneretheAflion  'v/r.s  at  firft  commenced?  The  Court  refolvcs  the  Qucftion 
ar^ioi-i.fj.J.   ^„  the  Affirmative. 


<J  cnK  to  I.J1' 

give!  title,  8(c. 


Whether  upon  ati  Adion  of  Review,  the  Coils  of  former  Courts  where 
she  Action  Hath  been  nvsd,  fr.sll  be  graujred  for  whom  Judgement  is 
given  c  Thz  Csuii  Refolves  this  on  the  Negative. 


1-7^.- 


"tr  the  Law  tit.  Foffcjfcns  intend  the  confirmation  of  I^nd  to  the 
Pofleffbr,  where  the  Graunt  of  '&<i:  faid  Land  was  to  another  perfon,  and 
the  PoffefTor  nothing  to  fhow  for  the  Allienation  thereof  but  his  PotfelTioii 
accprding  to  that  LaV/-  Tlie  Court  refolves  this  on  the  Affirmauve. 


F     I     T^C    ^ 


Straniai  Libertjtofueik  County  Coi^Ttt. 


mmnmmmimammmmmk 
m'iimmmim'immmm'iimm 

Several  Laifsand  Orders  made  at  the 

GENERAL    COURT. 

the  SJk  of  OUoher         \   ^   7   ^ 

As     ALSO 

Several  La^s  and  Orders  made  at  she 

GENERAL   COURTS. 

Holden   at   ^oHon  the  yih  of  May  md-^^*^-  ^f 
OBober,         1673. 


ty: 


fnd printed  by  their  Order. 

Ed'Mpard  ^appfon  Sea. 


At  the  Second  Sefionsof  ths  General  Court  Held  at  Bofton/6?8th.  flf 
O6obcr,  itijz. 

T  is  ordered  and  by  the  Authority  o/^  this  Court  Enadtcd;  Thst  all 
Strangers  coming  into  this  Country,  fhail,  and  may  heaceforth 
wsnr  "i"     ^^'^^  Liberty  to  SjC  one  another  in  aoy  Courts  of  this  Colony, 
If^g^^,     thathavc  proper  CognizanceofluchCafes;andthatanylnha-  ^  ,et.r5Lifcer 
bitant  may  be  fued  by  any  Strangers  who  arc  on  Immediate  Imploy  by  Navi-  ti^toSutio 
gation,MarrincrorMcrchant,inanyof  our  Courts,  thefaid  Strangers  giv-  ^"""'^  couits. 
ing  in  Security  to  the  Clerk  of  the  Writts  to  refpond  all  extraordinary  Dama- 
ges, the  faid  Inhabitants  fhall  fuftein,  by  bciugfuedoutoi  the  County  to 
which  he  belongs;  \n  Cafe  the  Stranger  fhall  not  obtein  judgement  againW 
fuch  Inhnbirant  fo-fucd.  and  the  Law  Title,  :'pecial  Courts  is  hereby  repea'f«J 
ind  mads  void.     Aoy  Law,  Cuftomc  ot  Vfagetc  the  ContraTy  noiwitrv 
<\andinjg 

B  Tt 


Magiftf*tes  end  ^focicics.     Courts  7enimo»y. 


One  Mogiftfste 
and  one  Aflbcl- 
otes  Power 


tT  is  Ordered  by  this  Couj-tand  Authority  thereof;  That  in  all  Counties, 
J.  where  there  is  but  one  Magifttatc  there,  any  one  of  the  A)ioc)at«  tor 
t'lat  County  CourZ  joyaiag  v/ith  the  Magiftrate,any  ad  by  them  done,  thail 
hecceforth  be  accounted  legally  valid,and  is  hereby  allowed  to  all  Ictcnu  and 
pjrpofes,asifdoncbytivo  Magiftratesi  and  in  thole  Counties  where  there 
isno  Magiftrcte,  any  one  inveftcd  with  Magiftratical  Pov/er  with  two 
Aflb  ciatcs,  have  like  Power  committed  to  them  to  ad^  as  any  two  Magiftrates, 
as  above. 


Coorfs  TeiVimo. 
VjoiBaudrry 


^y^  Hereaibyfad  expeykace-f  It  is  too  ohvioui  to  all  our  peo'pU  and  other f^ 
_  that  the  fin  of  IVhoredoms  and  Vncleannefs  grows  amon^jiuSy  r.otwith- 
^anding  d!l  the  wholfems  Lam  made  for  the  pmilhong  end  fupprefm^fuch 
land  Defiling  Evils-,  jlnd  whereas  there  is  if  Ute^ioojuft  ground  tofufpcd  a 
greater  Evil graxring  ii^on  us^  by  the  bold  ^nd  audacions  Trcfiimptton  oj  fome, 
loereS  a  5te^$^  Whore Honfey  or  BrotbelUoitfe-y  for  the  nourifhing  fuch 
^tckednefs,  the  encrcafe  of  which  Evil,  if  not  timely  prevented,  moy  leita  to  the 
Cebauching  of  multitudes  cfperfons^  ana  tend  to  the  utter  mine  cf  their  Elates, 
Soul  afid  Body. 

It  is  therefore  Ordered  by  this  Courc,  and  the  Authority  thereof;  That 
if  any  Ferfon,  Male,  or  Female,  (hall  prcfumeto  fct  up  or,  keep  any  fuch 
Houfc,  wherein  fuch  wicked  lulls  may  benoualhcd,  and  Whoredome  com- 
mitted; every  fuch  Baud,  Whoic,  orvilcPcrion,  upon  Convidionof  /uch 
Oftccce  or  Offences  ■;  fuch  Bawd,  Wbore,  or  vile  Pcrfon,  fhallbefeverc/y 
whipt  at  the  Carts-taylc,  through  the  Streets,  vvhcrc::'uch  Offence,  or  Offen- 
ces hath  been  committed,  viiiii  Thirty  Styspcs,  and  thcccc  to  be  committed 
tothe  Houicof  CorretfJion,  and  by  thcMaftcrotthe  faid  Houfe  tobekcpt 
with  hard  fare,  and  hard  labour,  by  daj;iy  Task,  and  ni  dcfcdt  oi  their  duty 
to  be  feverdy  whipt  every  night  with  Ten  Stripes;  and  once  at  tealtin 
every  Week,  the  faid  Baud  and  his  Complices  in  fuch  vile  and  finlul  Cour fes 
the  baud  to  be  their  Leader,  and  the  other  kwo  aod  two  io  hair  Frocks  and 
blew  Caps  by  the  Executioner  to  be  fafined  to  a  hand  Cart,  and  forced  along 
to  draw  all  the  filth  laid  up  in  the  Carr,  through  the  Streets,  to  the  Sea  fide 
gomg  to  the  G^"  -^-"-  <  n  Sufolk_>  and  in  all  othcs  Counties  where  the  Court  of 
pach  Shire  il?:;  j,  aad  fo  returned  to  the  Houfc  of  Correftion,  zo  be 

alikp '  i  i%ii£  and  Labour,  according  to  the  Cuftomc  of  the  Houfc 

dursi:'„  -      _ .  ..-  pieafu/e, there  toremaine. 


Jia  General  Court  for  Sledions,  Held  at 
IBofwn,  ther^h  of  May ,  ■  6  7   ^ 


1-^  r/is  Court  tai'  '  '  "  '' "'     "        ~ '' ■''d- 

in^tkefiapL  ^ ,  ,-       .  ..        -  ^^f 

Ubabitnws  thereof,  aad  fin-  in ofAfd'iU  (  whcb 

iBapnm'r  '  ''  '  s  s^uiit:uy  )  y>xni  i:or,-..'gnf(irtsto.ii€fXc:mling 

frejudicui-  of  ihit  Colony. 

It 


It  is  therefore  Ordered  ;    That  whofoevcr,  whether  Inhabitant  oi 
StTang'-T,  that  fha.l  dire(niy  or  mdirsd^Iy  from  henceforth  Impcrt  into   Pjr  puf^tito 
this  5-;Tifdi(ftion,  from  any  parts  of  Eurcfc,  -(oy  Malt;  every  Tuch  prrfc.i    m',^'"/';';^^'" 
(hall  poy  unto  the  Treafurer  of  the  Country  the  Summc  of  fx  pt;:cf  Per    fioujCuToVe" 
ba^f/,  for  Malt  fo  laadcd,  befraes  th2  Rate  of  one  pen;  pfi- f?.-.;!,' former- 
ly fmpofed,  and  the  Collciftor  fhall  f-and  charged  with  gathering  up  of 
the  laid  Import,  and  to  return  the  fame  to  the  Trcafurer. 


WHereat  all  Fijhermia  fe:tkd  hhabitntSj  are  by  L^w  exempted  from 
ordinary  trayni/i^s,  which  indulgence  is  by  many  pirfoni  imprcved   Fi.-vtrread  wien 
TgHjtnihc'f  {>  teat  heme  and  tioi  tmph^sd  in  their  callings,  to  be  Sfcflatort  or   s' totricjisbii  to 
pthtYwife  idlinj^f  gaming,  or  fpendtKg  their  time  un^rojftably,  whereby  fucb     '"     " 
ferfofts  as  attend  their  duty  and  fpend  their  time  in  that  fervice  is  ciifcon- 
raged;  For  t hi preventicrt  whereof ; 

It  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  allFifh- 
crmon  being  Inhabitants,  when  they  are  at  heme  (and  not  imploycl  ne- 
ceflarily,and  Co  judged  by  the  chief  Officers)  /hall  attend  publick  Trayn- 
ings,  or  eife  be  fined  five p}i/li^>fs,is  the  Law  dircfls  for  others  abfence. 
Any  Law,  Cuftome  or  Ufagc  to  the  contrary  notwithftanding. 

TMs  Court  hdving  long  fine's  made  auO  tder  fo  prevent  damage  done  by  Nor- 
fes  ,  title  Corn  fields  &c,  Sed.  3.  But  no  penalty  annexed  thtrcmto. 
as  an  Jlddition  to  the  faid  Lave ; 

This  Court  doth  Order  the-  penalty  on  non  obfervance thereof, with 
rdped  to  Horfes,  to  be  five  pollings  fine  for  every  fuch  ofifence   to  the 
Town  where  it  is  Committed,  bcfides  any  damage  accrewing  by  every    rM'yforHcr. 
fuch  Horfe  orHorfekind  fo  unfettered  or  ualhaklcd  as  in  the  faid  Law  r '' ^°'T '^rd"" 
is  provided.     And  further  that  none  fhall  be   permitted  to  keep  a  HcrTe    Dam^sc  done  by 
orHorfekind  in  thev/oodsor  Commons,butfuclias3vcscceptccI  iVeeCom-   *'"'° 
monersinany  fuchTov^n.  under  the  penalty  of  twenty  finUings  aKorfe  for 
every  fuch  offence,  to  be  difpofed  of  asthcSeleflmen  fiiall  feemee:. 

And  funher,  as  an  e::pl..,Kauoncf  ike  late  Law  nf^cHsng  flons  Horfes 
not  togo  u^onthg  Cr.nmcns  unertho  penalty  of  twenty  ihiUin^s  a  monsh^ 

This  Cout  doth  Declare,  that  it  is  to  be  undsr/lood  of  tw5nty  fliillings  for 
every  fuch  Horfe  found  on-Uic  Commons,  fo  cfton  as  he  fliall  be  found  there- 

FOrasriiufh as  fundry  unskilftilperfons  have  of  late  years,  takenufoti  them 
toboyle,  pickle,  and  Sell  Sturgeon  for  Tranjpt,riation^of  vehlch  fundry 
KeggSy  and  ether  Cast^^eh^ve  f,yoveJ  conuft  andwl-.oliy  "pfiviccable  totbe  dif 
appointment  and  Dawcgeof  fpyJry  Merchaitti  ard  olhirs,  at  alfo  to  t.':ede- 
bafiments  of  that  Ct?r.cdity  and  reproach  of  the  Country  nhu  b  ifottel<^  Oratr' 
td,  might  he  ieneficialto  the  hhatit'tit}  fcr  Tra>ffC'tat-^n,  crd cthcfvtife. 

Itisthi'rerore  Ordered  rnd  Eniflcd  by  the  Authoiity  of  this  Court  j  /^od 
beic  hereby  Ordered  and  Ena^fd,  that  nop:,  for  whatfocvcr,  (Tialt  hence- 
forth boytc,  piclilc,  or  pock  upany  Stnrgcou  for  S:IcirtMs  JurisdjfVJon, 
but  fuch  asthalibe  licenced  thereunto  by  thr  County  Cotit^  where  fuch 
perfonsliihabif,  on  Fcnalty  of  ferMturc  thereof,  one  hdlf to  the  Inforirer, 
and  the  other  half  to  the  Country .,  And  to  the  end,  thtremay  be  nofraudor 

abufe 


*0 


Sturgeon.         Frejmen.  i^bhath,         FuW^nngof  Lews 


crabufeiilthefsid  ComodHy,  every  fuchliccnfcd  Perfon  fliaU  brand  rvork 

aJJ  CajX  wherein  is  is  packed,  wk^tne  lette:?ofhisNaiiie,  andthanbereb.' 

Srarcbere  appointed  ond  Swom  to  view  allSturgeon  n)i=dehere  or  Impcrtcd 

before  it  be  fold,  orinkiridepflffsdaway  j  who  fhall  fet  thdrmarkonfuch 

asthcynnde  foirodsnd  fufScientlnaUrerpefts,  both  asto the  qmiiiyofthe 

Sturgeon,  and  Cage  of  the  Cask,  and  that  only  fuch  fo  marked,  as  above,  (ball 

be  exported  on  penalty  of  foifejtuveof  the  whoie  valuethereof,  for  whofe 

care  and  labour  the  SturgjoTi  boyleroT  Importer  ftinll  pay  for  the  viewing 

and  heading  thereof  after  7T?yw£fci//£»^iJott?'pOTf^,  p.  Sccve^  for  all  Kegs 

2nd  Fi  chins,  from  time  to  timcjand  if  any  (hallcounterftitjtheSturgeonBoyJers 

or  Packers  marke,  they,  ot  be^  fhall  forfeit  Five  Pounds  to  the  Co^jtitry,  for 

evcTy.fuch  dcfett  \  And  it  is  referred  to  the  refpeitive  County  Courts,  ro  11- 

cenfeablcandfitPcrfonsto  boyle  and  pickle  Sturgcoofor  Sale,  aslikcwife 

to  appoint  S  earchers  to  view  and  marke  f  hs  feme,  as  above- faid. 


OUoher 


ijtb. 


I     'f     7     3- 


A 


Addition  toihc 
tSBfcr  Sdmil- 
fiofl  of  fceeman 


S  j^n  MStioH  to  the  Law  Title  Fmmen.       SECT.  HI, 


It  !5  Ordered  by  this  Court,  en<?  the  Authority  thereof  j  That  henceforth, 
the  Names  of  fuch  as  defire  to  be  admitted  £o  the  Freedoroe  of  this  Commoiv 
Wcalthj  not  being  Members  of  Churches  in  fyli  Communion,  ihall  be  enti«d 
with  the  Secretaiy  from  iifT»e  to  time  at  the  Court  cf  ElSion^snA  Read 
over  before  the  whole  Court,  fcmetime  that  Seflions,and  fhall  not  be  put 
to  Vote  in  the  Court  till  the  Cowrt  of  EkOm-,  next  following 


Addition  tothc 

l-jwoftht  Sab- 
bath 


S  An  jiSition  to  the  Law  of  the  Sabbath.        S  E  C  T.  II. 


It  )3  Ordered  by  this  CoUfL  and  the  Authority  thereof;  BefidesthePe 
nahy  upon  the  Perfors  there  offending  the  publick Houfe  keeper,  where  any 
fuch  Perfon  or  Perfons  arc  found  fo  tranfgrrfTing,  (  as  in  the  faid  Law  iscx 
prcft  )  fhall  pay /pe  Shillings  ta  ih^  Treasury  of  the  County  where  the  Of 
fence  is  Committed. 


order  for  pub- 
Wh;njithe  laws 


TT  is  Ordered  by  ihis  Court  and  the  Authority  thereof  ^  ThatallLaws 
and  Orders  of  this  Covin,  which  ?.k-  th  ought  fit  to  be  pubJi/hed  at  the  end 
of  every  Scflions,  fhall  be  forthwith  fcntto  the  Prefs.  and  airorcadinthe 
Marketplace  3t5o/l<w^  upon  thc_/i/i^  day,  being  a  Lc<f^ur5  day  within  Ten 
daycs  after  the  end  of  fuch  Scflions,  which  being  performed,  is,  andfhalibe 
accounted  ifutf.cient  publicstior,and  further  thai  printed  Copyesnial!  Be^Iif 
perfed,  at  thf  {jifcretion  of  the  Treafurer,  and  cure  tf  ken  for  i\x  fame,  by  the 
SecretaryandMarfl.ilGcneralasthelawdirc^s-  fo.  J31 


T^jgulaimof  ?rofrietkr.      To  prevent  Piracy.     Atlo-.irni^iZJfury. 


II 


IT  is  Ordered  by  this  Court,  and  the  Authority  thereof ;  That  v^herei^iere 
befundry  Proprietors  of  Lands  lying  foge:k2r,3nd  are  inelofed  by  a  Fence, 
although  not  by  ConfcDt  of  Parties,  or  by  any  prudential  ad  of  Authority  "'/r'lu^MJJlo^ 
difpofing  the  fannc  into  one  Comnrion  Field,  the  Major  part  of  foch  Proprie-  "'"  ' 
ty,  may  Order  and  Limit  the  proportion  of  Cattle  that  fhall  be  put  to  feed 
thereon  ;  or  may  othcrwifc  be  limited  and  proportioned  by  the  Seieft  men  of 
the  Town  or  Towns  where  fcch  Lands  do  lye,  according  to  the  diredtion  of  the 
Law  Tit.  Cattle  and  Cornfields.  SECT.  JL 


T 


Hf  Court  obfertini  the  wicked  and  unrighteous  praffifci  of  evil  men  to 
Incredfefome  Tiratitttlfeivn^  efSbtps^  Kctches^&lc.  with  their  Ccodr^and 
ethers  by  rifsK£  up  a^ain^  their  Contm^mUrSf  Officers,  and  in;fhyers,feiz.tn^ 
their  Vcffds  iiai  Goods  at  Sea,  expcfm^  their  Ptrfons  to  haz.nrdy  &c.   Fo  r  the 
peventwn  whereof ,  and  that  due  witnefs  may  be  born  a^ainjifuch  bold  and  noto- 
tims  Trarifgreffors 
ThisCourc  dothOrdcf,&  be  it  hereby  Ordered  &  EnaftediThat  whatPerfoD, 
or  Prrfons  focver,fhaii  Piratically  orFellonioufly  fe.ZcanyShipor  otherVeirel 
wluthcrinthe  Harbour,  or  on  the  Sejs,  or  fhall  rife  up  in  Rebellion  agaioft    o.^trteprcv 
the  Maftcr,  Officers,  Merchant,  or  Owners  of  any  fuch  Ship,  or  other  Sea    ^""^'i>  &= 
Velfcl  and  Goods,  and  dilpoy le  or  difpoircfj  them  thereof,  ard  cxcludiDg  the 
light  Owncr^  or  thofebetrufted  therewith ;    every  fuch  OfFtnder,  together 
uith  all  their  Compliccs,if  found  in  thisJurirdi(ftion,fhall  be  apprehended, and 
Legally  couvKflcd  thereof,   fhall  be  put  to  Death ;  Provided  alwayej,tfiat  any 
fucKof  the  faid  Company, (who  throdg,h  fear  or  force  have  been  deam'd  to 
Comply  in  fuch  wicked  atftion);  that  (hall  uponthcir  6rft  Arrival  in  any  of  opr 
Ports  or  Harbours,  by  the  firf>  Opportunity,  repair  to  fo.Tie  Magifirate,  or 
others  in  Authorityand  make  difcovcry  of  fuch  a  praflife;  (hall  not  bc  liable  to 
the  aforefaid  Penalty  of  Death 


IT  is  hereby  Ordered  and  Declared  ;  That  it  (hall  be  tawfol  for  any  Perfon 
by  hislawful  Attovrpy  Authorized  ucder  his  Hand  and  Se>>Ie,  ai;d legally  o,ii, -,„  ■ 
piovfdto  be  his  Ad^  and  Deed,  to  Sue  in  any  of  our  Cotirti,  for  any  right  or  *"""''«i  to'sjo 
Intcreft  that  he  may  have  to  any  Eftatc  of  Lands  orGoods,  or  any  part  there- 
of, according  to  our  Law.  unlefs  the  Law  upon  the  hearing  tbcreof, 
Pull  finde  \\iR  rcafon  to  demiirre  upon  the  validity  of  the  Attouroifhip,  m 
one  rcfpcd,  or  other, 


1  T  is  Ordeird  by  this  Court,  and  the  Authctity  thereof;  That  the  power 

and  Tiuft  Coir  mittcd  to  all  Guardians,  fa  as  fall  to  recover  aad  take  all   f^i^'^j'"' '^'" 
Eftatc   into  their    hands  ,  as  if  the  Childe  or  Children  tbf^fclves,   for 
whcm  they  ate  Guaidianj,  wereati^c,  and  to  improve  the  eftate  forthg 

n  z  CbilJe. 


/5       CiiOTiims.  SlWBp,    Sealst^of'ZcathcT''   shallops.    Jndiaas. 


Child  Of  Childrcys  Asvcntogc,  til!  at  ligs;  Generally  to  afl  as  farrejis 
Adminiitrafors  may  doe,  except  by  -wiSrof  the  decealfd,  the  E/^ate  tva$ 
CocrjTiJtted'  tosn  Shccuso?,  or  oE^sts  for  their  Edncation-  umilJ  fuch  ea 
Age,  the^  Cuardiorj  givlcg  EiScSrity  lo  tlie  Colirt  for  his  faithful  pcrfortaaroe 
ofhis  Tiuft, 


VaiuaiJMof 
Sheep  to  the 
Coontry  and 
CiiDntv  Rates 


T  Hit  CcmtakjtiS  into  Ccuf  deration,  tbct  the  pnce  whith  Sheep  are  vaJL 
cdat  intks  Ccatittiy  jiate,  h  fern  ohcvevkot  they  are  p>mh,aai  thai 
■no  mat)  mi^  ht  be  dijcourogedfrcm  k:fWg  that  ujfful  Crsaturcfo  beuiftidl  bat} 
forfood^  and  Cloctbing, 

It  isfaereby  Ordered  and  Declared;  That  el!  SbesprateabJe  in  the  Conn- 
try  Rate,  of';x'hatkinde  foever,  fhall  bcvsliJ^dai/rv^/'aiaCip.  Score,inaO 
Counrry  and  Cotnty  Rates  j  and  ihis  Order  to  laie  phce  in  the  j&rti 
MonctbnvAX. 


A 


S  an  IcipJanation  of  the  Zaw  tit,  t?:'des  e'nd  Silrj,  SeH.the  firji. 
TrohibitCng  Tratijpcrtatwh   of  uswron^hi  Zeutbof, 
Add  ition  to  th e      This  CovT  i  Declares,  that  by  vnwrc'vght  l?n jhij, is  tele  rnderflocd, rot 
LDwTit  sejkiec  ^g^jg  ,jp  jnro  Wares,  and  further  judge  meet  to  Declare  thzt  ro  Leather  being 
ofuethec         Tancedfhall  be  fcnttoihe  CurrierJtobedreflTed  bcfcreihe  Sealer  of  Leather 
havevsewd,  andfeihis  iviark  ihereumtc,  under  fach  Penalty  as  the  Law  pro- 
vides in  this  Cafe,  Title  Leather. 


-iT  is  Ordered  by  this  Court,  ar.d  the  Authority  thereof;  That  if  any  Per- 

penaity  fcr  lav  J   f^ofball  take  3Vf3ij  Anv  Shallop,  Boat,  Skiffe,  or  Cannoo, from  any  Vcf- 

bffitfs'if.5  fcl.Wharfe,  or  fron)  the  Moaring,  witbout  leave -from  the  Owner  or  Ma- 

connoos,8(c,       ft^.,  tbcrcof }  hc  fliall  pay  to  iht  faid  Owner  or  Moflcr,  ifit  bcCanoo,  ^F 

i*i7%/,and  for  a  Eoate  or  SkifTe,  Ttn  Shillings,  and  if  it  be  a  Shallop  Tmnty 

Sb'aiin^tySvid  fomuch  f^r  Ji<jy,for  evciy  day  after  the  fii  ft  day  Dctcining, 

or  notVeturning  the  hrm  togfther,  -with  whatever  Damage  the  faid  Ouner. 

or  Mfifler,  or  the  f^id  C3nnoo,Bo3te,Skifl"c,or  Shallop,  ftiall  fufier  i  thereby  in 

any  kindc,  to  be  judged  b^  anj  Mag)flratc,  or  Ccznmifiioncr,  Authorized 

by  Law  in  like  Cafes:  and  further  to  line  the  Party  offending  (or  his  Tref- 

pafsto  the  County,  if  there  be  caufe. 


..iqtotr.io  loci- 

Ccfc  to  WMp  - 
ptog,  ac: 


W}iereashy  e-K^erieficiy  wariy  perjotis  throush  Poverty,  mtahls(o pay 
ihe  F'fte  Jrnpofe^hy  Zm,  on  the  Sak  if  L^qtiors  to  hdtatis^  are  thsrcly 
2ft:boldmd%rranf£ri'fi,0S  ^dditiontotheLaw^V.  ^J.   Sdi.  j. 

It  -'slierebyOrdfred;   Ihai  Perfons  TrarjgrcFing  that  L^w,  and  not 
•navini  the  line  In^pofed.lhall  be  punifted  by  Whipping,  st  the  dilerefion  of 
fte  judges,  and  steatnefsoftbe  OfFeixe,  any  Law,  Ctiftonoe,  or  Ufa^o 
notu,'itb^anding. 


1 


TbeiMputtotbe  Ruefim;  Whtther  Wii^e  and  piong  Waterslelwzwgto 
^  ,fl2,7&»tfl«t  o/l.katsqaa,  ar,dImcrtcd,utothei(partstothe  Maket 
lclidtleSoj^acduties,acsordin^tolcLa(v7,tklrrfop    .,   ,.    ^.,„      . 

This  QranicT  is  icfolvcdo?  the  AffLmatiVci  Provided  thefa.d.Coods 
biiT7C  not  raid  Jmpcft  in  fomc  of  <njr  Ports  already  accotding  to  Law 

F    1    ^^   1    S- 


j^dtniroUy. 


Top. 


\^B^.m^M^M^$S:-3MBB^ 


JiJc  <?tS-j  ff-Aj  gjpri 


33 


ORDERS. 

Made  at  A 

GENERAL      COURT 

held  at  ^ojlon,  fanuary  the  ^'^'   3673. 

Jnd  Trinted  hj  their  Order » 

Edwnrd  %avpfon  Secret* 


caiifc  to  the  contrary  :     Provided  alwaycs,  this  hCi  Hiall  not  be   in-     J'^'.  °^ 
trrprcted  to  Obrtru^  the  juft  Pica  cf  any  Marrincr  or  Merchant  Im-  -^UT^"^'' 
pleading  any  Pcrfon  in  any  other  Court,  upon  any  matter  or  Caufc 
that  depends  upon  Contract,  Covenant,  or  other  matter    of  cetrmon 
Eq-iiry  in  Maritime  AfFaitCj,  to  be  inued  according  to  the  Xoown 
Lawej  of  this  Colony. 


WHiff^s  the  Ptib.'ir'^  oecnfins  of  the  Cotmtry  ^o  frt^uently  ri- 
(jiiife,  that  Aiifftngiri  he  fint  Poft,  ami  (it  yet  no  Jlated  al- 
hn.imt   ts   fetkd  tn  fuih  tafcs^ 

It  IS  Oftlfred  by  this  Court  and  the  Authority  thereof,  That  from 
henceforth  every  perfon  fj  fcnt  upon  the  Publick  fcrvice  of  thcCounrry,    >|/^iyj^,* 
fhall  be   allowed  by  the  Treafurer,  nftcr  the  Rate  of  tkrec-^ind  fcr   »       '  ^' 
mile  f  to  the  place  to  the  which  he  is  fcnt  in  money,   as  full   fatisfa-  ^  ''     •'  '' 
fiion  for  the  cxpcrce  of  Horfe  and  Man  ;       And  no  Inholdcr   fh?ll 
t.-.kc  of  any  fiich  Meflcpget  or  others  Travailing  upon  Publick  fervice 
more  then  two  ihillin^s  [cr  hu^il  for  Oat«s,  and  fonr-^cmt  i'Jt  hc\y, 
day  and  ui^ht. 

FINIS. 


QX4 


Several 

L  A  W  ^     end     0  %J)  E  XS 

c5V^4</e    at  the 

GENERAL  COURT 

Holden  at  "Bojlon  the  wemy  fe^enth  of  ^Xiaj 

^      (>      7      4 

^  nd  Trinted  h  ^^^^r  Order, 

Edxffdrd  %^fon  Secret. 


ftidiiments  frufirated  6y   Perfons, 

HE  BE  AS    in    thr:    Lrryhirj    <,/  E.rcciitions,    thfve   li  a  re  fallen    Out 

Wmniiy  Dljjicullyea  vhe^-elnj  (he  Judcjnnents  oUaiiied,   have   heen  made  'f^^^cttti 
fni.-^/rnte;    Eor  Ihe  preveidion  vher^,,/;  rwrfon'.      ^ 

The  Court  doih  Order  and  Declare;  Where  any  Exeairion  Tendrinp  goott* 
fliall  be  T.evyed  on  any  Houfcs,  Lands  and  GockJs,  and  delivered  to  the  !;ct  rhcrown, 
Parties  for  whom  the   Judgtmcnr  was  granted     and  the  faid   ExccU  ion  h-^^nobcni!''' 
returned  according  to  Law;  if  it  (hall  appear  the   Perfon   whofe  Lands,  ^"^  ' 
Goods  or  Houfes  wcrelcvyed  by  Execution,  havcafRrmed,  o<  delivered.  Or 
tendied  the  faid  Goods,    Lands  or   Houfes  as  his  own,  which  in  reality 

C  were 


Ckrk.  oj  Courts  atii  "Recorders  to  is  Skoyk, 


were  not  his  own  proper  Fflarc,  anJ  in  the  fame  cont3inon  of  Eflate  as  he  did 
tender  thein  either  to  the  CfTicer  or  Parties  for  whom  the  Execution  is  levycd, 
fuch  pciion  fo  erdeavouring  h\  f\^chAiiioiitodc\fide  the  Law  and  defraud 
ihp  Crfditoi,  Uiall  be  liable  to  pay  double  damcg;$  to  the  party  grieved,  and 
Fay  fuch  fmc  at  tne  County  Ccurt  fhallfeecauft  tO'Cipofe. 

And  if  any  Party  that  hath  i^biaincd  an  EHecuCion,fhali  odvcntarc  to  levy 
the  fdire  upon  Lands,  HotJfes  o;  Gocds,  ccmmynly  accounted  the  Houfes 
Lands  or  Goods  of  the  petfon  againft  whcm  the  Judgement  was  granted,  and 
County  co.&c.  the  Execution  be  returned  according  to  Law,  if  it  afterwards  appear  the  faid 
lortnawtxtoi  Houl'es,  Landsot  Gcods  wcre not  the  Houfes,  Landi  cr  Goods  of  the  faid 
Failiesagainft  whom  the  JudgrnacDtwasgivenjthepartythatwasfcmiftaken 
making  the  fame  to  appear  to  the  Conrt  that  granted  the  Judgeiiient,  the  faid 
Ctiirt  (hall  Order  a  nev/ Execution  for  the  fatiifying  of  the  Judgement  not- 
■withftandiDg  the  former  Execution  returned. 


yv; 


' Hcreit:  it  it  oj  peat  momeKt  in  the  JdminijiratioA  of  lujlice,  that 
all  matters  of  Raords,  fjould  bo  faithfully  Ititred  ar>d  kej/tj  and  as 
c  •:aJiBii  is,  ff  hen  forth, 
r.!e»ifof  Caurji  lti$  Ord^ercd  andina^ed  by  the  Amhority  of  this  Court;  That  from 
?.swo°m  "'  "*  henceforth  the  fevera!  CIcihs  or  Recorders  of  the Fublick  Courts  of  Juftice, 
and  the  Recorders  of  the  fevcral  Counties  in  this  Jurisdiftion  fhall  be  Sworn 
by  the  Courts  to  whic)\  they  bdong,  unto  iht  faithful  difcharge  cf  theit  Of- 
fice in  all  refpefts,  and  the:  the  form  of  the  Ooth  be  as  foUowcth : 


fhtii  Oltb. 


Whereas  jou(iA,  "B.  areaffomted  QUrk^ofthe 
Count)  Court  cf  C.  You  do  Sliipear  bji  the  Everlruwg 
Cjod,  that  you  mil  faithfully  and  ufrightiy  demean 
JOT^rfelf'm  the  faid  Office  :jou /hall  truly  and  fairly 
Enter  and  ^I(eeord  all  JBsand  fud^eme^its  cfthe 
faid  C^un,  and  Vihaie  ucr,  ycu  jhalL  receive  Ordc r 
and  direWion  from  the  [aid  Court  to  do,  you  fall 
Jafely  and  faithfully  l^q?  andfreferve  the  faid  5^^ 
cords,  and  deliver  Executions,  Vecrees  or  Orders 
toTerfons  concerned  as  m  duty  you  ought,  and  true 
Copies  cf  fuch  %ecords  ^xe  forth  irhen  reguhrly 
called  Jo  to  do,  and  in  all  ihingsyoujlmll  befasthfuh 
end  trm  to  the  Court :  So  helpyou  Cod  (j)c. 


The 


SlniJe  Women  r.et  to  enter t lift  an^     Lodgers  l,i 

THe  Law  having  Providtdfor  Holdhzc  of  County  Courts,  vulh-re  Magiftrates 
arewantinj^,  byfuchperfonsof  worth  C  ftiltd  AfTociarEs  )  as  the  Freemen 
iffuchCouKtnip-iOu/d  7{ominate,  being  allowed  andafpiintedl^/  the  (jcmral 
Court -^  And  there  lia-:;W£  been  too  great  a  negleH  of  certifying  the  General 
Court,  the  Narnei  cfihe  ferfoni  fa no/ninated^fer  their  confirmation  and  appoint- 
ing fwh  Perfons  the  ty^  ffoaatts  for  that  Count-,. 

This  Court  doth  hereby  remit  former  ncglejHs  herein;  And  do  Declare, 
Tliatnotv/ithftanding  fucb  Om'ifTions,  all  fotnicr  A^ls  of  Ctunty  Coaris  fball 
be  accounted  good  and  valid  :   And  for  time  to  come,  do  further  Declare  and  y\no<.;j,j., 
Order,  That  in  all  Counties  where  AfTcciates  arc  to  be  appointed,  the  Freemen  courts  how  lo 
fhali  make  their  Nomination  of  fuch  Afibciates  at  the  fame  tina;;  yearly  when  wh^n^^'bc'"'* 
they  give  in  their  Nominatiors  for  Magiftratcs,  which  VotCi  for  Nomination  SwoinSic. 
of  Affoaates  Ihall  be  carried  alio  by  the  lame  CommifTionersof  the  fcveral 
Towns,  fealed  up  to  ihcit  Shire  meeting,  there  to  be  opened,  and  thofefour 
perfons  thas  fhal!  1  5vc  the  mcft  Votes  fhall  be  ceitified  under  the  hands.of  three 
of  the  faid  ComnnifTioncrs,    the   Shire    CommifTiorcr    being  one,   to   the 
Court  of  Ejection  yearly  :    For  the  confirmation  and  Approbation  of  the  (aid 
AfTociates,  which  being  obtained,'  the  Secretary  fbalicertify  the  Clerk  of  the 
County  Court  thereof,  who  fhaljgivc  notice  to  luch  AfTocutesto  apptarat 
tbcir  next  County  Court  there  to  take  their  refpe<Sive  Oaths. 


Tfiff  Court  Dccouniing  it  their  Dmy  by  all  due  means  topnvcnt  apfarance 
of  p^  aod  wickcdnefi  in  a»y  l^indc : 
Po  order;  That  henceforth  it  (hai!  not  be  lav/ful  for  any  fire  le  Woman  or 
Wife  in  the  abfiDCc  of  her  Husband,  toenteicainor  lodge  any  In-naateor  So- 
journer with  the  diflike  of  the  Seled  tnen  of  th:.- Town^or  Magiflrate,or  Corr.- 
mifTionets,  who  may  have  cogaisapce  thereof,  on  pctialth  of /jw  pouadsper 
Week  en  ccnviilion  thereof  befoicaay  Court  or  Msgiftratc,  or  be  corporally 
punifbed,  rot  exceeding /v'ny?npf5;  And  allConfeabks  3rototakecogniz«ince 
tiereof  formtoimaiion  in  fucfa  cafw. 


i 


f)iii^SiJi(fii^lhfi 


F  I   :;^  I  s. 


/7         BofroflCom>niJfioners.         AiiUtia.  Divonjhiere. 

Several  Lam  and  Orders  made  at  the 

SECOO^D  SESSlODSC^^oftioe 

GEN  ER  AL     COURT 

held  at'Bofionin  !^(jyi)  England  the 
Seventh  of  OBober  '  ^  7  ^ 

And  printed  by  their  Order 

Edypard  'Bawfon  Seer. 


BOSTQT^    COMMUSIO  N ERS. 


yr-^Yl  ^<^^^^^  ^  ^f  feUVin^  of  the  Tower  of  the  Commifflnners  of  'Sofjov  is 
Commigls"       i  Y  /    Confmd  barely  to  the  Tovti  and  mckj  i^itbl^oddiciJjlartd:   't  ?f 
fieri  power  to      XA  /      upcnfeveral  Confidcraihm  though  meit  and; 
extend  y  y         It  is  hereby  Ordered;  That  their  Power  be  extended  to  the 

through  Bo-  ^^^,^,  Limitb  of  BofiotJ,\n  Civil  and  Criminal  Caff s,  according 

floH  Ltmus.    35  ,j,g  j^g^.  proyjjjg  f^^  f^^jj  aftjng  formerly  in  the  bounded  Liiniis  above- 

faid,  notwitliAandingtbcfaid  Law. 


Order  to  di- 
■vide  the  foot 
Ccmfufiits  in 
'Soflon. 


"Bofton  Comyanyes  to  be  Divided. 

'\A/  Hcreas  this  Court  in  tk  Year  Kjz  for  the  better  fettling  ofthetSifiVnia 
in  the  fevcralJovm,  dtd  Order  and  Enail  thatwLretnanylvnn  ni/iiw 
thij  ^urtsdiilim.,  the  Nurnhcr  oi  Souldicrs  rthoh  Law  arcto attend corftant 
trauiings  {hall  arife  to  be  two  l,undrt:d  men,  that  ihenfuth  Souldiert  jhall  be  di- 
viaed  into  two  Contfem^ifif  to  three  bundred^then  to  te  divided  int^  three  Cent.' 
pomes  &c.  Now  farjit,  veb  ai  it  r.ppears by  good  Xnfo^matiotn  That  ~msfl  of 
t^e  Co«»p<j»»o  >«  Bcfton  ^0  fxceed  {be  aforejatd  number  eft  sro  hundred. 

This 


Dtvon^'ne.  i8 


This  Court  doth  hereby  Declare,  that  the  formfrOrdcr  of  dividing,  ought 
to  be  forthwith  Amended,  and  that  the  Major  of  the  Regiment  together 
with  the  Cdmmidion  Officers  of  ca  ch  Company  takefpecdy  Order  to  fee  it 
performed,  and  to  make  Returns  thereof  to  the  nexc  Court  of  Eltttion. 


T 


D  E  KO  N SHIRE. 

His  Court  tahji^  into  ConfidoYntion  whii.t  hath  hetl  aBcd  in  fetlingofihe 
_    Ea^(rnfarts,a-  Kennehcck,  and  ihe  placts  adjacent  within  our  lUe.,  u/t-    Settlemettt 
det  Government^  according  to  tfet-  Commijjlon  Granted  l>ytbtr  Court  in  May    of  the  E  a- 
lafh  and  that  on  the  defire  of  the  Inbabtatitt  oi  thofe  piaces,  are  appointed  to  be,   Uetnfdrti 
the  County  o/DevonOiue,  whichthti  Court  apptova  ofanditonfirmS-^ 

And  do  liuihcr  Order  3rd  appoint,  that  the  County  Court  in  feme  p!ace 
thereofjUiJli  be  holden  and  kept  apon  the  third  tuefday  in  July  yearly,  &c 

IT  Is  Ordered  bv  this  Court  and  the  Authority  thereof;  That  the  Corriiiilffi- 
oners  Court  of  the  County  of  Devon  at  the  Eaft-ward,  have  power  to 
end,  hear;  and  determine  all  Civil  Actions  arifing  within  that  County  to  the 
value  of  tcjMpoMntij,  any  LAW  USA  GEor  C  UST  0  MK  eothecor\' 
♦.rary  nocwithftdnding. 


FINIS 


S:ok-Dcb1s-    Sheiks -Woo'/ 


'9 


Several 
LAWS     ^     0%J)EliS 

Made  at  the 

GENERAL     COURT 

Holden  at  "Boflon  the  tveelfth  of  May 

1         6        7        f  . 

And  Trinted  hj  their  Order^ 

Sdyvard  %aMpfon.      Seen, 


BOO  K.D  E  S  T  S. 

N  i^Kfrver   to  the    Pciit'ion  of  [fVeml   Infiabitants  c/ 
Bofton-  (if  (ilfo  cf  other  Towns  in  this  Colony  j 

This  Court  judseth  it  meet  to   Declare  and  Otdei^T*"^*'^^'  . 
That  the  Law  Rcftraining  of  Book  Dcbfs  fhjilbe,  and  dcbls'i/ncthncd 
hereby  is  lergthL-nt-d  for  two  years  more  from  £h:s  time   '<"«*<'y"f^ 
any  thiog  in  that  Law  notwithftanding. 


I 


SHEEP  S-iV  O  0  L. 

T  is  Ordered  by  thisCoott  and  the  Authority  thereof;  That  henceforth  _   ,.,.., 
it  fhall  notbchwdilfor  any  perfon  or  pcrfons  wbatfcevcr,  dirc(f^ly  orin-  shtcps-'wcj"   ° 


diTC(fVly  to  export  any  Sbecps  wool  out  of  this  Jurisdidion  by  Sea  ro  any 
Foncign  parts,  on  penalty  of  forfeiting  all  lucfi  t]U3ntitics,  or  parcels  of 
Wool!,  that  fhall  be  taluTi  aboard  any  Ship  or  other  Vcflcl  with  incent  to 
tranrpoiithcfamf;  the  oae  half  to  (he  Informer,  and  the  other  half  to 
ihc  publickTreafury. 

And  that  no  Maftct  of  any  Ship  or  other  VcnTcl  ftull  receive  any  Shceps-  ^'''.■pea»''5t 
wool  aboard  his  Ship  or  VcfTel  to  be  tranfportcd,  on  penalty  of  forfeiting 
thefull  value  oT  worth  thereof :     And  the  StkCt  men  of  every  Sca-f>orc 
Town  arc  hereby  required  to  choofe  in  each  Town  one  mccc  pcifon  An- 
tjually  to  infpei^  this  matter  and  execute  this  Order. 

o  RACCOON 


20         Raccoon  fur/.   Marf^als.     executions;     Return  cf  Attachments. 


vv 


RACCOON  FVRRS. 

'Hereas  this  Court  h  Informed  of  fhe  upfullnefs  cf  T^accccn  furrg 
for  mak^mg  a  good  fort  of  Hattr^  for  the  fuffly  of  the  Country ; 
It  IS  ther«fort  Ordered  and  Errafted  by  this  Court  and  the  Authority 
Haccoon  Turrs  thereof,  that  from  and  after  three  months  after  the  Pubhcarion  hereof 
ported  on  pcwi  no  RiccoOH  fur>  or  skinns  fhall  be  Sbipt  for  exportation  out  of  this  Ju- 
«y-  risdi<riion  upon  the  penalty  of  the  forfeiture  thereof,  the  one  halfe  to 

the  Informer,  the  other  half  to  the  Country.  /\nd  to  the  end  that  this  Law 
may  beduely  exeeuted;  Jt  is  Ordered  j  Thatfuchperfonsas  are  Appoint- 
ed to  fxecatc  the  Law  prohibiting  the  traofportaiion  of  Shceps-wooll  IbalJ 
in  liiie  manner  exficote  ihis  O^dcr. 


IT  is  Ordered  by  this  Court  ao4  Authority  thereof;  That  it  Chall  not 
henceforth  be  in  the  power  of  any  Maflhal  to  make,  conlliiure  or  ap- 
^3k^fD^aiy°  P'*'"^  3"y  Deputy  in  his  place  or  ftead  to  fctve  Attachments,  or  levy  Execu- 
tions where  the  faid  Deputy  is  perfonally  related  or  concerned;  Nor  fhall  it 
be  lawful  for  any  Conftdble  to  make  a  Deputy  to  (ervc  Attachments  or 
levy  EKecuticss  in  any  cafe ;  Any  Law,  Cuftorae  or  Ufage  to  the  contrary 
tiotwiiliftanding. 


FOy  the  better  Direm^a»d  Reiuf^^i  of  ''^  C/crks,  Secretaries,  Mar. 
fr^lsand  ConnabkSjf>ti»/''rnfcetotbeCrantfft£  and  Serving  of  E^ecu^ 

tiOai  • 

cilm  s^c'r"  1        It  is  hereby  Ordered  and  Enaded  by  this  Coart;  Tliat  all  T.xccutions 

ry  andMarfhMs  (h  II  bf  madc  accofdins  to  the  words  of  the  Judgement,  without  Addition 

om"&cf  """"'  o''  Subftraftion ;  and  that  the  Officer  thatgrants  the  fame  keep  upon  Record 

the  Day, Month  and  Year  when  it  was  granted:  And  that  all  Marfhsis  and 

Conftables  take  care  to  feetbeir  return  Recorded, und  ia  cafe  of  Houfcs  or 

Lands  taken  upon  Execution,  it  coDCcrncth  the  perfon  or  petfons  to  whom 

they  are  delivered,  to  fee  it  diiely  Recorded,  which  being  done,  fhall  be  3 

legal  Affurance  of  fuch  Houfes  and  Lands  to  Him  and  bis  Heirs  for  ever. 


W; 


;  Hereas  the  Afa'll>als  Oath  requires  them  to  make  Feturn  of  fuch  Attach- 
ments asthiyfrve  to  the  Courts  'o  vchicb  they  are  returnable  vrhtch  in  ma- 
%y  cafes  is  very  chargeable  and  trouhlefome : 
MirMs  t)!rc-      It  is  therefore  Ordered  j  That  henceforth  Marfiialls  and  Conftablcs  fhall 
n,on5  to  mike-  jjg  obliged  only  to  make  tbeir  return  upon  the  backfide  of  the  Attachment, 
'mclT^'^        and  the  fame  deliver  tc  the  PlaitJtiff,  or  liisorderfealedup  when  demanded, 
givjD?  firft  a  Copy  thereof  to  the  Defendant,  if  he  defiresit,  and  that  no 
Ma  fhalor  Conftabic  (hill  be  bound  lo  ferve  any  Attachment  till  they  have 
t'cir  Fees  paid  them,  which  the  Law  allows;  any  LAW  USA  GEor 
C  "U  S  V  O  M  E  to  the  Contrary  notwithftanding:  And  the  afo  refaid  Claufe 
in  tht  MarfhalsOath,  relating  to  the  Return  of  Attachments  to  the  Court 
is  hereby  repealed  andideclared  difobbging. 


V/a^rsA: 


C\n^iai^?i  DireUms.   17oMtnaliort  of  Militarj  Officers.  X^evanfhire  Cowrxs.      i  j 


VVI 


'Hrrcas  the  Lci»  requiring  Ccnjfabhi  to  have  "Slaci  ffo'.rer,  inform 
them  to  take  their  [aid  Jlaff  with  them,  when  thej^  are  m  Exnunon  of 
ay\)  fart  of  their  Ofics^wiiich  infornecafes  p'ovei  iticsnvcvient  bj  giving  of- 
ponunity  to  Delinquents  to  efcafc:  Far  prevention  whereof.)  arj  as  an  Ex^la- 
nation  of  the  f aid  Law  : 

It  is  hereby  Declared  ;  That  it  is  int  ndtd  that  Cooftablcs  adlmg  from 
their  own  Authority,  and  by  vertue  of  the  daty  of  their  Place  and  Office  conftuMes  dJre- 
fhallthenalwayes  takewith  them  their  Black-ftaves  in  the  Execution  of  thc'ir''ftives' 
their  office  :  Butwhenthey  (hall  acfl  by  vertue  of  warrant  to  them  dirci^cd 
from  Authority,  they  fhali  then  be  at  liberty  whether  to  carry  thtir  black 
ftaff,  or  not. 

WHtreas  the  allowing  and  A^^ointing  of  all  Commiffl  on  ^military  Officers 
m  ihii  Jurifdtffon,  hdongs  properly  and  only  to  this  Court  bjr  it  iv  ar.d, 
t> found  hoth^eacefvd  and fattifaSlory  ■  and  inafmuch  as  this  Court  may  not 
h  acquainted  mth  rnany  ufeful  and  fit perfoHs  f<»-  that  Service. 

Itis  therforehereby  Ordered;  That  henceforth  itfhall,  and  may  be  lawful  way  for  -om.. 
for  the  Committee  ofMih'tia,inthe  fcveral  Towns  where  there  fhall  be  need  Jy'officers' '"' 
to  prefent  the  names  of  two  or  three  meet  perfons  in  thtir  Towns  for  fuch 
fervice  and  Office  to  this  Court  for  their  approbation,  cr  otheiwife  as 
they  fhall  fee  Caufe,  (^c. 


IN  regard  of  the  remoteyteft  of  the  County  of  pevondiire,   and  there  Icing 
no  Magipate  near  thofe  parti  whereby  it  is  matttr  of  difficulty  to  have 
vhe  County  Court  there  k^e^t  by  one  of  our  Mctgijlrate  according  to  the  Law.       j,^^^  ,^j . 

It  is  therefore  hereby  Ordered  ;  That  hereafter  it  fhall,  and  maybe  lawful  whomthecrurs 
for  the  County  Court  of  Devonfiire  from  time  to  time  to  be  kept  by  fuch  ';oS"aro%' 
Genilenienasfhallbeby  this  Court  annually  Commiffionatedto  thatScr- b^t'-'^pt 
vice,  6cc. 


TOr  Expiamtiianofthe  LiwTftleAdilitay)/:  ^^^-  9-    /«  ^Ximptionof 
Maflersof  Ships  and  other  Vejjeli  above  twenty  Tuns  frcm  Training  : 
It  ishcrtby  Declared  ^  That  it  is  only  intended  in  that  Order,  thecxem-  "f  j^VJlf/J^e^ 
ption  of  fuch  Mafters  as  Trade  and  PaiTetoForreign  parte,  and  not  of  thofe  apt 
whofe  imploy  of  their  Vefitls  is  In  thefc  parts,  and  near  where  they  live  apoa 
thefeCoafts, 


F    1    :Ni    I    S. 


202 


1223 


The  customar>'  cut  of  the  Colony  arms  is  necessarily  omitted  to  bring  this 
page  to  the  size  of  the  others.  '*'•  "•  ^^- 


C    O    U    N    C   I     L 

Held  in  ^Boflon      Augusl  the  thirtieth      1675. 

THE  (^OV  N  C  I  L   Itxdgiftg  it  of  Mfohte  ntce{fity  for  the  Security  of  the  Englil(<. 
and  the  Indians  that  are  m  yltnUy  with  us,  that  th:j  be  Rtjlrdjned    their    ufual    Com' 
merce  with    the  Englijh^  and  hunting  in  the   Wood/,  during  the  time  of  HojiiHty  isith 
thofe  that  art  our  Enemirl ; 
Do  Order,  that  all  ihofc  Indians   that  arc  dcfirous  to  Approve  themfelvcs  Faithful!  to  the 
Injiij/j,  be  confined  to  their  fcvcral  Plantations  under  tprirt*;j,  until!  the  Council  fliall  takcfurther 
Order  j  and  thst  thty  fo  order  the  fating  of  their  Wigwams  that  they  may  ftand  Compd(f\   in   fame 
one  part  of   their  7'/d«/*t/0'j/ refpfcflively,  where  it  nnay  bcbcft  fortbeirown  froytfion  dnd  Difence 
and  that  none  of  them  do   p  efume  to  Travaik   above  one  mile    from  the  Center  of  fuch   thcic 
d^^'fllings,  unlefs  in  Company  of  fome  Englifh,  oc  in  their  Service  near  their  dwellings,   and  ex- 
cepting for  gathering  and  fetching  in  their  Corn  with  one  EngUfh  man,   on  peril   of  being  taken 
as  our  enemies,  or  their  Alxttcurs :  And  in  cafe  that  any  of  them  fhall  be  taken  without  the  Li- 
mits abovefaid,  except  as  abovefaid,  and  do  toofe  their  Lives  or  be  oihfrwife  damnified;  by  Eng- 
lifh or  Indians :  The  COl^ iVCiL  do  hereby  Dedarethat  they  fhall  account  themfelves  wholly  Inao- 
cent;  and  their  Biood  or  other  dammge  (by  them  fufteinfdj   will  be  upon  their  cwo  heads. 

Alfo  ic  fball  not  be  lawful  for  any  ln(iiansxhat.  art  in  Amity  with  us,  to  entertain  any  Jlrani'e  Indi- 
<j«i,  or  receive  any  of  our  Enemies  Plunder,  but  fhall  fronn  time  to  time  make  difcovery  thereof  to  fome 
£nj;/ijl>  that  fhall  be  appointed  for  that  end  to  fojouoi  among  them,  onpenalt3/  of  being  reputed  ouj  Ene- 
mies, and  of  beingiiable  to  be  proceeded  agamftasfuch. 

Alfo  whereas  it  isthemanner  of  the  Heathen  thacarenowin  Hoftility  with  us,  contrary  to  the  pra- 
^i(c  of  the  Civil  Nations,  to  execute  their  bloody  Infolcncies  by  flealth  and  fculking  in  fmall  parties,  de- 
cliningall  opendecidionof  t  heir controver fie,  either  by  Treaty  orby  theSword  . 

Tht  Council  do  therefore  Order  ^  That  after  the  Publication  of  the  Provifion  aforefaid.  It  fhall  be 
lawful  for  any  pcr<on  whether  £rj^i</)  or  hdiait,  th^t  fhail  findeanyfw^iun  travelling  or  skulking  in  any 
of  our  Towns  or  Woods,  con  crary  to  the  limits  above-named,  to  command  them  under  thtir  Guard,  an<i 
Examination,  or  to  kill  and  deftroy  them  as  they  bcft  may  or  can.  The  CoMMir;;  hereby  declaring,  that 
it  will bf  moft  acceptable  to  them  that  none  be  killed  or  wounded  that  are  willing  to  furrendcr  them- 
felves into  cuftody 

The  places  of  the  Indians  Refidenciesare  N'atic^,  Puvjciuafaog,  Nafhoba^  Wemeftt&nd  Ha(fantmi(it 
Andifihcre  beanyihatbclcngto  any  other  Plantations,  they  aretorepairto  fome  one  of  the/c. 

Sy  the  Council  Edward  l^yDfon  Secrt. 


SSi4 


\njians  Prohiintod  hemgin  "Bofion. 


Several 

LAWS    ^     0'^VE7(^S 
Made  atthe  SESSIO^J^S  oftha 

GENERAL      COUR  T 

HeIdatBoi?o>ithei3t^  of  oaobcr  167 ^.  Asalfofltthe  SESS I ONS 
of  C ouK  bcld  at  2o/1oa  the  li  ofiVovcnritT  1675. 

AndTrinted by  their  Order, 


Edvpiird%avpfon  Seer. 


PfOCI> 


Indians  Prohibited  beirtg  in  Bofion. 

"WTT  ^^'^^'^^ t}cttoithfta>tdia£  the  CO  V  2^C IL  S  former  Ptobihi- 
\  \/  /     Hon  of  all  Indian  t  coming  to-jor  rctnain:::^  in  thi  Toivn  cf  EofloNy 
\A/      rre  finds  that  SliU  there  remains  fircmd  of  F,.:r^  th=t  unlefa 
▼  V       rnorc  efeSual  Cere  betaken,  wa  may  he  ex^c^.i  to  m:;:liefb^ 
jime  of  that  BurlwQu^  CreiVy  or  aw/  Strangers  not  of  our  NcUon  bj  their  com- 
ing into,  or  re  Ceding  h  ths  Tavn  cf  Eofion ; 

Thb  Court  doth  therefore  Order  and  Declare; 

Flrfi,  That  (iron:  theFcblication  hereof ,  nope  rfor.  cr  rerfons  whatever  courb  r-w^. 
intheOsid  Town,  fiial] upon  sny  pretence  whatfocvcr,  Entertain,  Owno^.'^''''°''A'"'''n«- 
Countfruncc  any  Indian,  under  i^jc  Penalty  of  being  a  Betrayer  of  this  Go' '«  bcr'ob?"''  ''* 
vcinmtnt. 

Secor\dly^  That  there  bCa  Guard  appointed  at  t!:d  end  of  the  fcidTowa 
towards  T^oxvurj,  to  hirdcr  the  comingincfany  Indian,  un:;l  Applica- 
tion be  firft  made  to  the  Gc/crtiour, or  Conncil  if  fitting,  and  then  to  be 
,adxnitred  with  a  Guard  of  two  Mufqactccrr,  and  to  be  remanded  back 
with  the  fame  Guard,  not  to  be  fuffercdtolodgein  Town,  unlefsia  Pri- 
Ton  :  Provided  ,  that  if  eny  Indian  or  Indians  that  fhill  be  imployed 
upon  any  fubliclc  mcfl'jgc  or  bufincfs  fhall  come  up  to  the  faid  Guard, 
Ihey  fhall  forLii w.Ih  be  Loavcycdto  tiicGove.T.our  or  CouDCii^&  be  by  him 

(J  ^  or 


it> 


Tyoopcis  sm  Fsk^men  fo  juTmlh^tUhmtrc  ^rmC 

or  fhem  dtfpo'rj  of,  and  fccus-ed dor»ng  their  nereffary  ftsy  for thcdfrpafch 
of  their  tu<in«?/Sj  and  then  to  be  conveyed  as  abovefaid. 

Thirdly^  That  it  (h-^ll  be  hv/ful  for  any  perfon  finding  any />Jtf'/^^  in 
Tov/n  withoirt  fald  Guard,  to  Apprehend  and  5«cureliim. 

Fourthly,  Tha:  Care  be  tek^  by  the  Military  Watchtopieventany 
fronn  coming  by  Warw  10  the  faid Town,  eit/ier  fiom  'Dorthcfier  or  /^^a- 
tery  iVec^  in  Ca^iooes,  or  othtfwiie.  and  thai  there  be  fpecialCaie  taken 
of  places  where  /^muniiion  is  kept. 

P'fihly,  That  Order  be  given  to  Charirtown  Ferry  not  to  Laod  any  In- 
dian at  thcfaid  Town  wsthout  Orde/ffom  the  Govemouj,  and  theniobe 
gcintcd  Wrhtwo  Mufqueteets-.. 

SixtbSy^  That  ft  (hall  be  lawful  for  any  pcrfon,  ixpon:,-y(hdiaKs  ap- 
proacliing  the  (aid  Towci,  eitht'j  by  VJatcr  orLojul,  Without  a  Guard,  as 
abovefaid  to  Apprebmd  and  fecuie  bim. 

Seventhly^  Thftc  Account  bt  teken  of  all  Strangers,  who  are  not  his  Ma- 
jefties  Subjeds,  and  that  they  remain  not  in  Towd,  unlefs  Security  be  gtv^n 
for  their  Fidelity :  And  thai  nooe  be  admitred  but  upon  the  like  Security: 
And  that  no  Mafterof  any  Vs/rel  bring  in  any  without  acqua-niing  the 
Ooveinourtheremih  and  prcfertmg  their  PcTlcr,sinoiderlotbcir  £y.a- 
RnnaxioHj  who  if  upon  thciT  txarninatlcn  cfio  give  no  good  Accountof 
their  bufinefs,  and  Security  for  tbeir  Good  Bshaviour,  (haU  be  Tentto  Pri- 
/oDjbokJstbcj;  do  forthwith  depart. 

Eifhthl;/.,  That  it  fhall  not  be  lawful  for  cny  Inbabitorf,  horn  the  De- 
claration hereof,  to  Entertain  any  Stranger  in  hisHoofe,  or  for  time  to 
come,  til!  chK  Order  be reverfcd,  v/ithout  Jcave  granted  by  Auihonry,  ud- 
on  the  penalty  of  any  Fme  Authority  iTiall  fccmeetto  impofe  ,  Andthe 
Com milTi oners,  and  the  Selefi  Men,  and  Captains  of  £ojion  are  Ordered 
and  Required  rtfpectively  tohave  aJptcial  Care  thai  th)s  Order  in  the  fe- 
veraj  parts  thereof  bt;  duely  obfcrvcd  and  aru-ndcd. 


vv 


flereasit  is  found  by  E xperienc:  that  Troopen  an^Tikeminareof 
little  uje  iti  theorejcrt  wan  with  the  ttJiansi  now  for  the  Improve- 
ment of  them  to  mere  or  l>elter  ^dvowage ; 

ft  IS  Ordered  by  this  Court  and  the  A  athoriJy  thereof  i^  That  all  Troop- 
ers fhall  forthwith  furnifhthemfeivcs  With  Carbines  ond  Amuniuon  pro- 
iv'oVpe;!.  "fu.--  p^rticndble,  and  aifo  be  liable  to  be  Impteflfd  by  the  Gommittee  of  Mihtia 
withorbir.ej.  m  thc  Towos  wberc  thcy  livc  to  ferve  as  foot  Sonldicrs  dunng  the  laid  warr; 
^f  pfovidfdalv/ayeschat  one  fourth  part  of  ttie  Troopers  tn  each  Tov'n  be  re- 
TtorpcrObuie  ferved  fortheirfc  of  the  Country  aslucb.  And  all  Pikemen  are  hereby  rc- 
Tapre^in'"'      ouirtd  torthwith  to  furivfb  thfmfclves  with  Fire  Arms,  and  fuch  aouan- 

Tov/fta  tn^y  live*    ^  k  /*    y*.  *     i^« 

tity  of  A  munition  from  time  to  time  as  the  Law  requires  Viul  Keuers  to  be 
p^e^.,tofur.  .  ^jfjiea  w!ih.  an?  L  A  W^  U  SA G  E  or  C  U  S  T  0  ML  to  the  con- 
With  Fifc  A.-rr,.   ^gry  notWitnfTand'.ng. 

tA  iitou\ar,d 


Tjnf  r*nuiring 


Jrmi  lohifentfor^  tk  vfiy  of?  ay  men':,        ^s'iftn  Tourf 


27 


j4  thousand  Fire  a/irmi  to  bs  font  for. 


^\]\/  Hmas  the  £reat  tiscelfity  of  afyft.'lyfupply  of  Fire  e^rms,  Musk^tS 
and  Carhnens  tov  apparent  I »  thi^  f"M«  of  Way  with  the  Indians , 
It  is  Ordered  by  this  Conrt_,  that  a  Thousand  Fire  Arms  be  accordingly 
procured  v;ith  alJ  convenient  expedition  for  the  ufe  of  the  Country,  Pay-  *  thour^napirc 
rnfnt  whereof  ro  be  made  out  of  the  publick  Treafury  to  fuch  Merchants  h^ '"  *"  ^"^ 
as  are  agreed  with  for  their  procuring  thereof  by  the  Committee  appointed 
by  this  Court  for  that  end.     And -that  the  fod  AnnsHiall  be  proportiona- 
bly  dirtributed  to  The  feveral  Towns  of  the  Colony :  And  the  Sele<^  Men  of 
the  refpedive  Towns  axe  hereby  enabJed  to  raifc  Moneys  to  maJ;e  pay-  '^tmilAifm 
ment  to  the  Treafurer  fortheir  feveral  Proportions, 


I 


Committees  of  Militia't  Fowef  to  (jitrifon  Townt, 


T  IS  Ordetsd  by  this  Couri  ,  Tto  the  Committefs  of  Mi/itia's  in  the  fe- 
veral Townsthroughoutthis  Juri6dl<ftion,  thcy,or  the  major  pjrt  of  therr,  po»w  of  com- 
the  chief  Military  Officer  of  the  Town  b"ei-ngprefentjChall(ftt(e  and  difpofe  '"'"'es  of  Miiz- 
tbefeveral  Inhabitantj  of  their  refpecflivG  Towns  into  fucb  a  poftureas  fe- thVTc^rs«^  c 
veral  Exigenes  appearing  call  for,  and  that  into  one  or  more  Garifons.  All  Pj,"r"  "'"'^' 
perfons  in  the  feveral  Towns  upon  penalty  of /Jve  /?)////«jf  per  (fay,  being*^' 
hereby  obliged  to  labour-in,  and  provide  fuch  Fortification  or  Fortifications 
as  they  tbill  agree  upon;  And  all  the  Inbabirants  to  attend  their  places  in 
fuch  Fortification  or  Garrifon  as  they  are  appointed  unto,  andincafeof 
Alarm  or  Invafjon,  to  appear  at  and  for  the  defence  of  fuch  places  as  by  the 
Commitree  they  are  appointed  onto:  and  no  Inhabitant,  or  Souldier  to 
leave  his  Statiomiponany  imploy  whatfoever,  but  according  to  Order  fron' 
the  chief  Officer. 

1.  And  that  the  feveral  fmall  Frontier  Townswhich  are  judged  not  able 
ofthemfelvestobearthediftrtfsof  the  War,  fball  have  their  Women  and 
Children  (^  except  fo  niany  as  are  necelTary  to  abide)  removed  unto  the  ni'xc 
Inland  Towns,  and  be  there  improved  for  the  bift  Advantage,  and  leaft 
charge,until  further  Order  be  taken,  andSouIJicrs  added  to  thefaid  Towns 
for  Garrifon  as  fhall  be  )udged  neceiTary  by  this  Court,  or  Council  of  the 
Common-wealthjthe  fa  d  feveral  Townj  providing  tbcm  with  Vnfluai  du- 
ring their  abode 


C  z  Thjt 


28 


Fire  t/irmf  u>  tif'/itfoKy 


To  CariJcnTcwnk 


ommittfcspow  3-  Thot  thc  ftld fcveralCoTDmitJees  src bcr^by  Ordered  partico  arly  to 
«r  toinf^^a  infpe£^tJ)e  feveialllacJcs of  Amunition  and  Armi  in  their  (cvcralTowrj^. 
T^'l'naVaSt'ock  and  jbc  fame  to  AJtcf,  Augment  an  d  Difpofe  as  Jhey  judge  meet. 

Ece.  «-jL^^»  ........  i.^ 


(TommiHecjof 
tvlilitij'5  po*ci 

nicMf  foiAras. 


AndtheConnniKeesofMiliiia  inthefcveraJ  Towns  arc  hereby  Autho- 
rized to  AfTefs  upotj  allfuchperfonsof  Eftare  within  their  Towns  (as  arc  by 
the  County  Counts  or  Commiitecs  of  Militia  exfmptcd  from  ordinary 
Ttainings)  fo  many  Fire  Atms,  Muskets  or  Carbines,  with  a  proportiona- 
ble ilock  of  Powder  aod  Amunition,  as  thefaid  Ccmmittecs  rcfptt^ivcly 
{hall  appoint,  to  be  alvvsycs  kept  in  their bands,tO  be  ia  a  readincfs  f'orihe 
Countries  fctvice,  under  the  like  penalties  as  the  Law  provides  for  the  Fur- 
niture of  every  private  Souldier;  andfuch  AimsfrCm  time  tofimsareto  be 
fuiveyed  and  viewed  by  the  Clerks  of  the  Train'd  Bands  in  the  fcveral 
Towns,  who  fliall  upon  any  dcfe<fl  levy  the  fame  Fines  th&t  the  law  pro- 
vides for  particuJarCompacies:  And  all  fach  pcr.fons  as  fhall  be  AfTcfied,  and 
fhall  accordingly  provide  three  Fire  Arms,  fhall  be  freed  from  being  fent 
abroad  xo  the  Wa:s,e5ccept  in  (.stream  end  uimoft  tiece^Tity. 


Troopers  to  fa^%atei. 


"XJSJ^  HirCdi   ftCO^(!TSarc  exr.mptecl  fmm.  -paying  JTrarl-movi^ij  nnrl  Brrfes 

for  tlmr  Hmfss. 

This  Court  judgcth  it  meet  to  reftrcin  that  Privikdgc  during  this  prcfcnt 

ESKforVh"  ,r^  War;  And  do  Order  that  Troopers  pay  la  ihct  Cafe  as  others  do  (  provided 

ids&Hoifcs.Troopcrshave  their  Privilcdgc  for  cat  Rate  in  the  Year )  Andlikewifethe 

CaflleSouldierspay  their  Head-money  as  other  men;  Any  LAW  USAGE 

cf  C  U  S  T  O  M  E  to  the  conttary  notwithftanding. 


titidsi 


ZAWS 


LAWS&  ORDINANCES  of  WA  R-RE- ^ 


OF      JVAKT^E, 

Tdi'dhj  the  Cjeneral  Court  of  the  Ma/fuhufets, 

for  the  better  %eguUtmg  their  Forces  and 

keepng  their  Souldiers  to  their  Duty,  and  to 

prevent  TrophaneJfcp,  that  Iniquity  may  he 

kejt  out  of  the  CAMF. 

1.  ^^^Ftno  tSAffinprcfunie  to  blafpherne  the 

^1^  Holy  cr  "BlelfcdTrinity,  god  the  Fa^ 

ther,  (jod  the  Son,  (^  Qod  the  Holy 

Ghpfl..  ftjjvu^uiTi  ropa'vehis  Fongue  boredmtba 

hot  iron. 

2.  DnhmfulGathesO"  Execrations,  ^  Scan- 
dalous Ats  in  F)erugdtion  of  Gods  Honour ,  jhnll 
be  punijhed  with  lofs  of  Fay ,  and  other  Fum/h^ 
ment  at  Vifcretion. 

3  All  thofc  "ivho  often  jy  yvilfully  cbfcnt  them- 
f elves  from  thepubhckJForfip  of  Cjod  (sr  Fray^ 
er,  fhall  be  proceeded  againftat  'Vifcretion, 

4-  JVhofocver  fhall  he  Conviclcd  to  do  bis  Viity 
negligently  CT  carekjiy,  /J:alibc  punipedat  Vif- 
cretion. 

T.  ^0  Man  fjjall  prefamc  to  Quarrel  mth 
hisSuperiour  Ofjicers.  upon  pain  of  Cajhiertng<^ 
Arbitrary  Funi/hment  :  nor  to  Jlri{e  any  ^uch 
upon  pain  of  VcalL 

H  6.Xo 


38  LAWS  £i  ORDINANCES  of  WAR- 


6,  V^o  Commander  or  Souldier  fhall  depart 
from  hu  Charge  or  Caftain  mtbout  Licence  ubon 
painofDeath. 

;.  Every  private  Souldier  upon  pain  oflm^ 
prij'onment fhali  l{eep  filencc  vphen  the  Army  is  to 
take  Lodging,  or  Ti>hen  it  is  Marching  or  in  ^atta- 
liOyfo  as  the  Officers  may  he  heard  and  their  Qow^ 
mands  executed. 

8.  ^^(j)  t5A<fanfiall  rejtfi,  drarip,  lift.,  or  of^ 
fer  to  draw  or  lift  his  IVeapon  againjl  his  Offcer, 
(_  corr Sing  him  orderly  ')  for  his  defence,  upon 
pain  of  Death. 

9-^0  t!Man/hall  refM  the  Trovojl  Mar^ 
fhd,  or.  any  other  Officer  in  the  executing  of  his 
Office  upon  pain  ofDeaib. 

10.  J\^o  Aian  fhall  utter  any  Vfords  ofSedi^ 
tion  or  tPvfutiny  upon  pain  of  Death. 

11.  They  that pjall hear  Mutanous  Speeches, 
O"  not  acquaint  their  Commanders  vpith  them, 
fhall  be punifhedmth  fome  grievous  Tuniflment. 

11.  Drunkermefs  in  an  Officer  /JmH  he  puni^ 
fhedvpithlofsofuUce,  and  in  a  private  Souldier 
vpithfuch  Tunifhrnent  as  a  Court  t!M  drfhal pall 
thinkjit. 

Z3.  Trapes,  1{avifhments,  Vnnatural  Jbufer. 
and  Adultery  fioall  hepunifhedvpith  Death. 

14.  Fornication  (T  other  dijfolutc  Lafcivi- 
oufnefs  fhall  he  punifhed  n>ith  Dtfcretion  accord^ 
)ng  to  the  cjuality  of  the  0 fence. 

1 5  Theft,  T(obhery fhall  k  punifhed mth  re-- 
flitution,  and  otherwife  at  Di fere  tion. 

i6'  Murder 


Q3X 

'la  WS  fit  ORDINANCES  of  WAR.  jj 


CO.  kSM urder [hail  he  Expiated  with  the 
T>eathj)f  the  Aiurderer. 

ty.^All  Souldicrs  coming  to  their  Colours  to 
jVatcbj  oji  to  be  Exerctfcd,  or  to  Service,  Jhali 
■cOWiezcomplearly  Armed,  and  them  fxt  upon  pain 
nfpumfhment. 

1%.  If  Any  fhall  negligently  lofe,  or  fin  fully 
play  avpay  thetr  Arms  atT)ice  or  Cards ,  or  other ^ 
yi?ayes,tncy  /hall  hef^ept  as  Tioneers  or  Scavin^ 
gers  till  they  furnijl)  them f ekes  with  as  good 
Arms, 

tp.  ^one/liall prefume  to  fpoil,  fell  or  carry 
aivayauy  Awinition  committed  unto  him  upon  pain 

of  Veath. 

%o.  JSj)  Souldter  fhall  out -fay  his  l^afs 
mthout  a  Certificate  of  the  Occajion,  under  the 
hand  of  a  z!A<[agtslrate,  upon  pain  of  lofing  his 
Tay. 

'By  grievous  Tunifhrnent  IS  meant  'Dtf gracing 
ty  CafJjiering,  the  Strappado^  or  lading  the  JVood- 
en  Horfe  to  fetch  "Blood. 

Arbitrary  ^umjhment,  or  Tunifhrnent  at 
'Difcretwn,  is  meanty  not  to  extend  to  haj^ard 
Life  or  Limbe, 

H  2  OmuCs 


SS2 

it  guchdi&  CarifonSouidicn.     Tofecurc the Counay tArms. 


Gtiardi  if  GarifcJi  So'Jdim 


FOR  ihietter  Re^uhting  fbofe  SouldUrstbat  are  ap^intedto  (fua/d 
or  C  arifon  any-^  avticular  Town  or  Vlac^^ 
h  IS  Ordered  by  this   Couit;  That  tbcy  fhail  be  under  the  command 
ordettSfwu^    and  difpore  of  the  chief  Military  Officer  on  the  place  for  their  improvc- 
CjrifonSooldi-  mcnt;  whcthtr  as  Scouts,  Warding,  Watchjag,  Fortitying  of  Garilon 
*'*  places,  or  removing  and  taking  away  that  which  may  endanger  the  peace 

andfafety  of  the  people  in  the  places,  cxceptingonly  v/'cie  the  Majorof 
the  Regiment  to  which  tbcy  belong,  theCcundloi:  General  Court  fliall 
otherwife  Appoint  and  Order. 


To  Secure  the  Country  Arms. 


''^/y  Herem  divers  perfons  have  been  Tm^eJJed  for  the  Ssrvlce  of  the 
Country,  who  wanting  ty4rm^^  have  been  fufpHid -and  furnijlied  with 
the  ^rms  and  ^ynumtionof  other  Inhabitants  by  Order  of  the  Committers 
of  Militia  of  the  fever al  Towns,  to  the  end  that  the  jaicf  A^ms  may  be  due- 
ly  returned  to  the  right  Owners  ^  and  the  Country  mi^*  not  be  unduely 
charged ; 

It  is  hereby  Ordered  ;  That  the  Commlffionersfor  the  War  fballnot 
?h'f 'cou°ni'i'ic?  pafs  any  Dcbenter  upon  the  fingle  Ci^rtificate  of  hisCaptain  for  the  time  of 
Aims.  the  Service  of  any  fuch  Soutdier  that  hath  not  been  (lain  in  the  War,  with- 

out a  Certificate  from  the  Committee  of  Militia  of  that  Town  whence 
fuch  Sculdier  was  Preffed,  thatcither  he  went  om  with  his  own  Arms,  or 
hath  reiurncd  lo  the  right  Owner  she  Arms  which  he  was  furniAed  with. 


Trovo]!iiig  Ev'tJsi 


W' 


'  Heriat  the  Most  Wife  and  Holy  God  for  fewral  Yfatipa/},  hath 
y)0t  orly  warned  ui  by  his  Word,  but  chafiiv^d  us  with  hit  liods^  I«- 
fli^lingupon  ui  many  gene/al  (  though  iefj'er)  '('«rif<,'«a<?«f.9 ;  But  we  have  nei- 
ther heard  t  he  Word  nor  Rod  ns  ne  ought,  fo  as  to  be  tjfeBtUiily  hnmhlcdfor 
o^r  fins  tor  fprnt  of  them,  reform  and  amcfid  our  waycs:  ri'ettd'  :t  it  ihe 
Righteous  God  bath  heightncd  our  C alamiy.aiid gi'Vtn  Commiffion  to  the 
Barharaui  Hectihen  to  rife  Uf  agdinfi  us,  rind  to  become  c  fmari  Rod,  and 
feverc  Scourge  to  us,  in  Burning  And  Dcppv.'anng  fiveral  hopeful  Plant  a- 
ihns-.,^  Murdering  many  of  our  Peophof  allforis,  and  fetmi-ig  as  it  were  to 
cajtusoff,  and  putting  utto  fhamv,  rPidnoigo.ng  forthwith  our  ^rmier, 
here bf  (peaking  aloud  to  us  io  frarch  tiyir'try  Our  wtsycs  and  iu^n  again  unto 
i  he  i^ird  OUT  Cod  from  whom  we  h3vfi  dcpartea  with  a  great  "Buckftdwg , 

J     The 


Proviking     €villt>.  3  3 


I.  The  Conrt  apprehending  there  is  too  great  a  negle<f^  of  Difcipline 
in  the  Churches,  and  efpecially  refpedin^  thofe  that  are  their  Children, 
throTichthe  non -acknowledgement  of  them  according  to  the  Order  of  the 

^^    „  ^  .-  I  t\        r^         \       ■  r    ,  Care C' C^iWrfH 

Gofpel,  in  watching  over  them,  as  well  as  Catechizing  of  them,  inquitiog  ^^^^^  chmch 
into  their  Spiritual  States,that  being  brought  to  take  hold  of  the  Covenant,  ccmn-rndta  jo 
they  may  acknowledge  and  be  acknowledged  according   to  their  Re-  '  '   ' 
lations  to  God  and  to  hi$  Church,  and  their  Obligations  to  be  the  Lotdf, 
and  to  approve  themfelves  Co  tote  by  afuitableProfeflion  &Convc'i  fatten. 
Anddotbtreforefolemnly  recommend  it  unro  the  refpeftive  Eldsrs  and 
Brethren  of  the  fcveral  Churches  throughout  this  Jurisdiction,  to  take  ef- 
fe(f\ual  Courfe  for  Reformation  herein. 


1   Whereat  there  is  manifefi  Pride  opefjJy  appearing  among  ft  US  in  that  Court?  scnft  of 
lotg  Hair  like  Wameni  HXir  is  vorn  by  fonif  men,  either  their  own,  er  others  oAonjj  hjIi- 
J-fair  ruade  into  Pcrevftgs :   jindbyjome  Womf.n  wearing  Borders  of  Ha/r^  F«ti«ifi^>  S''' 
etnd  their  Cutting.,  Curlmg,  and  Immodefl  lajing  out  thetr  Hair,  which  fra- 
Clicc  doth  prevail  and  tnereafc  efpecially  amongh  the  younger  fort. 

This  Court  doth  Declare  agairrft  this  ill  cuftome  as  Offenfive  to  them, 
and  divers  fobet  Chriftians  amongft  as,  and  therefore  do  hereby  exhort  and 
advifcail  perf  ons  toufc  moderationin  this  refpedT;  And  further  do  impower 
all  Grand  juncsto  prcfcat  to  the  Coutity  Court  fuch  Pcrfons,  whether 
Male,  or  Female,  whom  they  (half  judge  to  exceed  in  the  Premifes;  and 
the  County  Court  are  hereby  Authorized  to  proceed  againft  fuch  Delin- 
quents either  by  Admonition,  Fine, or  Correflioo,  according  to  then  good 
difcrction. 


3.  Kotwithftandmg  the  wholfome  Laws  alrerady  made  by  this  Court, 
for  reftrciningExcefsin  Apparrei,  yet  through  Corruption  ia  many,  and 
neglc<flo  due  Execution  of  thofc  Laws,  the  evil  of  pride  in  Apparrei,  boiH 
for  Coftlinefs  in  the  poorer  fort,  and  vam,  ncwftrange  Fafliionsboth  in 
poor  and  rich,  with  naked  Breafts  and  Arm:,  orasit  were  pinnioncd  with 
ite  Addition  of  Superfluous  Ribbons,  both  on  Hair  and  Apparrei,  for  Re- 
c'refs  whereof;  It  is  Ordered  by  this  Court,  that  the  County  Courts  from 
t'metotim?  do  give  ftri(ft  Charge  to  pref^nt  all  fuch  perfons  asthcy  fball ''''"f* '" 'P- 
}adgetoe-«eed  in  that  kinde,  and  if  ihe  Crand-Jnty  {hall  ncgleft  their  ^"^'^ ' 
duty  herein,  the  Couniy  Courts  £hali  Impofc  a  Fine  upon  them  at  their  dif- 
orciion. 

And  it  b  further  Ordered,  that  the  County  Court,  fingle  Mjgifirat? 
CommiflTionersCouit  in  5o/?o>t,have  hereby  p'^wer  to  Summon  all  fuch  per- 
fons fo  offending  before  them,  and  (or  the  firit  offence  to  admomfhtbem, 
and  for  each  ot^ence  of  that  kinde  afterwards  to  Impof<a  Fine  of  Tew  Shil- 
Ungsa^n  them,  or  if  unable  to  pay,  to  ir.fli(f\  fuch  punishment  as  fbail  be 
bythemthooghtmoft  fuitable  tothc  Nature  of  the  offtiAce,  and  the  fame 
Judges  above  named  are  hereby  Impowrcd  to  Judge  of,  and  Execute  :he 
laws  already  Extant  agamft  fuch  Excefs, 


4.  Whereoi 


QS4 

3  *  Frovo-k'n^  EviU. 


4.  Whtreai  it  iya)hefou»Jarvon£fius^  that  MtrsiThrefiolds  onfetup 
h  <ioclt  ThrcfiioUs,  and  Mdnt^Pojtibtfidei  (jodi  Fcfit^  (fpeciallj  in  the  open 
mtctwg  of  £lyc\cri^  vehofe  'Damnable  Hatfia^  eyibcv^inabie  Idolatries,  are 
hereby  Promoted,  Embraced  and  PraUtfei  to  the  Sc.mdittof  ReUf^ion,  Hazard 
of  Scuh,  and  Provocation  of  Dnme'jealoufs  agawj\  b/J  Teop\e-,Fcr  Pre- 
i>entson  and  %jforniaiwn  whereof: 

It  IS  Ordered  by  this  Courc  &nd  rhe  Authority  tbcrcof  ;  Thatevcry 
Perfon  found  ata  Quakers  Meeting  fhall  be  apprehended  Ix  Officio  by 
ihe  Ccnftable,  and  by  Warrant  from  a  Magirttete  or  CommifTioncr,  (hall 
bec^inmittrd  to  rhehoufeof  Currecftion,  and  there  to  have  the  Dilcipline 
of  the  Houfe  applied  to  ihfxn,  and  be  kept  to  work  with  Bread  and  Wctcr 
for  three  dayes  and  then  releaffd;  Or  elfc  fliall  pay /i"re  ;>t't<>i<^Mn  Mony  as 
a  Fine  to  the  County  Tor  fuch  offence:  And  all  Ccnflabics  nfglcdirg 
iheirdutyin  not  faithfully  Executing  this  Order,  fhall  incur  ihc  penalty  of 
five  pounds  upon  Convidior;  cnc  tbiid  whereof  to  the  Infortntr.  _^„d 
icuchinj  the  Law  of  Importation  of  ^tiakin,  that  nmo)  be  mere  JirtQly 
LxecKltd^  andnOne  Tranj^r effing  toefcafe  Punifhwint: 

It  is  hereby  Ordered;  Ihat  the  penalty  to  that  Law  averred  be  in  no  cafe 
abated  to  lels  then  Tvpcmtf  Poundi. 


^.  Wbereai  there  is  muih  Pro^haner.tfs  amoyi^fi  ut  in  per  forts  ttdrtting  thely 
Bacis  upon  the  publicly  Worpup  hfore  it  be  fimfhed,  at.d  the  Eleffingpro^ 
nounced- 

It  is  Ordered  by  this  Court;  That  the  Officers  of  the  Chnrches,  crSe- 
\tCi  Men,  (hall  rake  care  to  prevent  fuch  Difordcrs,  by  appointing  perfons 
10  fhui  ihc  Mcctirg-Houfc  Doors,  or  any  othf  meet  way  to  attain  the 
end. 


6  Whereas  there  is  much  DifordeT  and  Rudeiefs  inToutli  in  many  Con- 
gregation' tn  itmc  ofcht  worjhip  of  (^nd^rvhtreby  Sin  and  ProphaKenefi  is  great- 
ly inceafed;   For  Ri formation  xvhireof  ; 

It  is  Ordered  by  this  Court  i  That  the  Seletft  men  do  appoint  (uch 

placeor  places  in  the  Mecting-Houfc  for  Children  or  Youth  to  fit  in,  where 

they  may  be  mod  together,  and  in  publick  view  ;  and  that  the  Officers  of 

the  Churches  or  Scledl  men  do  appoint  fomc  Grave  and  Sober  Putfon  or 

Perfons  to  take  a  particular  care  of,  and  intpvdion  over  them  j  who  aio 

hereby  required  to  prefcot  a  Lift  of  the  Names  of  fuch   who  by  their  own 

Observance  or  the  inforinatioe  of  others  fhall  be  found  Delinquent  to  the 

next  MagiHrate  or  Court,  who  are  impoWfid  for  the  fir/l  Offeree  to  aJmo- 

nifh  them,  for  the  fecond  Offence  to  impofea  Pincof/jv^  ShtUmis  on  iheir 

Parents  or  Govcrnourj,  or  order  the  fa\d  Children  ro  be  whipt,  andif  Incor- 

Tigible,  to  be  whipt  witn  ten  ftripw,  or  fcnt  to  the  Hocfeof  Cortc<nion 

forthiccdsyci. 


'.  W^/Cit 


i'lo'joking  £p)/5. 


7.    Whereat  the  Name  of  God  it  frcphaned  hy  Contrxon  Swearing  and 
Curftttg  m  oritnan  Commumc/iUon,  K)i)icb   tiO  Stnthat  grcm  anwffi  ut, 
and  many  hear  fttch  Oaths  and  Cur[es,  and  Conceah  the ^ame  from  ^uthon. 
ijyfor  Reformation  wbereef ; 

Irit  Ordered  by  this  Court,  thjtthe  Laws  already  in  Torce  aga  nl  this 
Sin  be  vigorouflf  profecmed,  and  as  Addition  thereunto ; 

It  is  further  Ordered,  that  all  fucli  pcrfons  who ihalUt  any  time  hear 
prophane  Oaths  and  Curfcs  fpokcn  by  any  perfonor  prrlons,and  fhall 
negle<^  Co  difclofe  tht  Tame  to  fome  Magilhace,  Commil">oner,  or  Confla- 
blc,  fuch  perfons  fhall  Incurf  the  fanac  penalty  provided  in  that  Law  agaioft 
Swearers.   &c. 


S,  Whereai  t  he  fharr^eful  and  Scandalous  Sin  of  Excejfive  drinkjngTipti''£^ 
and  Company  kee^ia^  i«  Taverns  and  Ordinaries  ^roas  ufon  m,  ]or  Re 
drefi  whereof ; 

It  is  CommfadcdfOtheCareof  the  Refpe^ive  County  Courts  not  to 
Licence  more  pablick  houfcs  then  are  abfolutely  neccifary  joany  Town,  and 
lotakcCarethatnoncbe  Licens  t  but  perfons  of  Approved  Sobriety  and 
Fiddicy  to  Law  and  good  Order.  And  that  Licenfed  hoafes  be  regulated 
inilicir  Im  provement  for  the  refrefhing  and  Emerteinment  of  Trava'lers 
and  Strangers  only,  and  all  Town  dweller*  are  hereby  ftridly  Injoyncd  and 
required  to  forbear  fp^^d^^g(heir  Time  or  Eftates  in  fuch  Common  houfcs 
of  Entertcinmcnt  to  dnnk  and  tipple  upon  penalty  of  (ivt  Shillings  for  every 
offenccjor  if  poor,  tobe  whipt  at  thcdifcrctionof  the  Judge,  not  excced- 
fiveftripei,  and  every  Ordinary  keeper  permitting  perfons  to  tranfgrefs 
as  above  faid,  fhall  Incurr  the  penalty  of  five  SbtUtn^i  (or  each  Offence  in 
thai-  kind  And  any  Magiftrafc,  CommifTioner,  or  Sele<ft  men  are  Impow- 
red  and  reqaircd  vigorcufly  to  puc  the  above  faid  Law  in  Ex  cation. 

And  further,  It  is  Oidcred,  that  ail  private  unlkenfed  houTes  of  Enrertein- 
ment  be  diligently  fcarched  out,  and  the  ptnalcy  in  this  Law  ftri»f\ly  Impo- 
fcd,  and  that  all  fuch  houfes  may  6c  the  better  difcovered,  the  Sfletfl  men  of 
every  To'vn  fhall  choofc  fome  fober  and  difcreec  perfons  to  be  Authori- 
zed from  the  County  Court,  each  of  whom  (hall  take  the  Chaige  of  Ten,  or 
Twelve  Families  of  his  Nei{;hbourhood,  and  fliaH  diligently  mfpcft  them, 
and  prcfent  the  N^mtsoF  fuch  perfons  fo  tranrgrelTing  to  &e  MagWlrafe, 
CommifTionfr,  or  Selea  men  of  the  Town,  who  (hall  reiom  the  fame  to  be 
proceeded  with  by  the  nt xt  County  Courr,  as  the  Law  dire(fl5,  and  the  per- 
fons fochofen  and  Auahonzed,  and  artcndiPE!  their  duty  faithfully  ihereja 
fhall  have  one  third  of  the  Fines  allowed  rhem,  but  if  negletfl  of  their  Duty, 
and  fhall  be  fo  Judged  by  Authority,  thsy  fhall  lacurt  the  fame  penalty  pro- 
vided againft  unlircn(3d  boufis. 


J>-  Whereas  threis  a  aoful  'Breach  of  the  Fifth  Ccmmancimn^  fo  be 
found amm^fl  us,  im  Contempt  of  Authority,  Civily  Scclefiasiiial^  (,nd  Do- 
■mtfiuaX : 

This  Court  doth  Declare  that  Sm  is  highly  prorcfting  to  the  Lord,agaiDft 
which  he  hath  born  fevere  Ttftimony  in  his  Word,  Specially,  inthatre- 
markablc  Judgements  upon  Cb.T.1/7  and  \^\s  Company.  And  thcrcfotc  do 
ftticUv  Require  &  Command  all  Pcrfons  under  this  Government  to  reform 
fo  great  an  Evil,  Icaft  God  from  Heaven  punifh  offcodcrs  heiem,  by  foinc 
remarkable  Judgsmcntj, 


.5^  Protokin^  Evils. 


And  it  is  further  OrdcrcJ,  that  all  County  Courts,  Magifiratcs,  Coin- 
milljoners,  Sclccfi  m-n,  ano  Gisnd-Jurors,  according  to  their  fcveral  Ca- 
pacities do  take  ftridt  Care  ihat  the  Laws  already  made  and  provided  in  thi o 
Cafe,  be  ducly  Executed,  and  particularly,  that  Evil  of  infenoius  abfenting 
thcmfclve!;  out  of  the  Families  whereanro  rhey  brlong,  inthcmelir  and 
infeciiigu'ith  Corri'.pt  Company  without  leave,  and  agamft  the  mind  and  to 
•  he  great  grief  of  thfirSupciiours,  which  evil  pradticcisof  a  very  pcni'ons 
Nature,  and  the  Root  of  much  Difordcr. 

It  is  therefore  Ordered  by  this  Court,  that  whatever  Inferiour  fhall  be 
Legally  Convitflcd  of  fuch  an  Evil  practice,  fuch  perfons  fhall  be  punifhcd 
With  Admoniiion  for  the  firfi  ofFtncc,  with  Fm£  not  exceeding  Ttnbh'.linus 
or  whipping,  not  exceeding  five  jinpa  for  all  ofl'ences  of  like  Nature 
afterward. 


ID.  Whereai  the  Sin  cfUUnefs  (xthich  is  a  SinofSodom  )  clotk^reatly 
Jnaeafe,  notwithfiandin?^  the  vchcljoms  Laws  in  Force  f^ainJi  thef/rme.  ^s 
(fH  ify^ ddition  to  that  Law. 

This  Court  doth  Order,  that  the  Conflable  with  fuch  other  perlon  or  per- 
fons, whom  theSeled  mco  fhall  Appoint,  fhMl  Infpc(fl  particular  Famiiics. 
and  prcfent  a  Lift  of  the  Names  of  all  idic  perfons  to  tbc  Sz\c€\  men, who  are 
hereby  flrid^ily  required  to  proceed  with  them,  as  already  the  Law  dire^s, 
and  in  Cafcof  Obftinacy,  by  charging  the  Conftabic  with  tbem,  who  fliall 
Convey  them  to  fomc  Magiftrate,  by  him  to  be  Committed  to  the  houfc  of 
Correctioti. 


TI.  Whereas  tkn  is  Oppr/Jftcn  in  the  fniajlvfus,  nnt  ot-ly  t>y  fuch  Shop. 
I^cepers  arid  Merchants,  who  fet  exceffive  priz.cs  on  their  (joods,bi<t  aljoby 
Mechanicks  and  Day  Labourers,  who  are  daily  guilty  of  that  evil,  Ferre- 
drefs  whercaf-,  and  as  an  K/4ddition  to  the  Law  tit.    Opprtjfinn  : 

Itjs  Ordered  by  this  Court ;  That  any  pcrfon  that  Jndgeth  himfelf  Op- 
prelTed  by  Shopkeepers  or  Merchants  in  fctting  Excc/Tivc  prizes  on  their 
Goods  have  hereby  liberty  to  make  their  Complaint  to  the  Grand  Jurors, 
or  otherwife  by  Petition  to  jhc  County  Court  immediately,  who  fhall  fend 
forthepctfon  accufed,  and  if  the  Court   upon  Examination  iudgc  the  pcr- 
fon complaining  injured,  they  ih,ill  caufe  the  offender  to  return  double  the 
everplus,  ormorc  then  the  equal  price  toihe  inju'ed  perfon,and  alfoimpoic 
8  Fine  on  the  Offender  at  thi  ddcretion  of  the  Court,  And  if  any  pcrfon 
judge  himfelf  OpprciTed  by  Mechanicks  or  Day  Labourers,  they  may  make 
complaint  thereof  to  the  Seleft  Men  of  the  Town,  who  if  upon  Examinati- 
on do  findefuch  Complaint  jufl-,  having  rcfpecfl  ro  the  quality  of  the  Pay, 
and  the  length  o  r  lliortncfs  of  the  Day  Labour,  they  fhall  caufe  the  Offen- 
der to  make  double  Reftiiution  to  the  party  injured,  and  pay  o  fint;  of  double 
<h£T/alue  exceeding  tnc  due  price.  ^ 


f2v  Whi-rcatthere  is  a  hofe  nnA  fmful  Cuflcmis  of  Goi»g  er  'Ridir.j^ 
from  Town  to'Town,  and  that  oft  titnet  A'len  and  Womtn  tcgelhcr,  ufca 
preter.ce  of  ?otn?  to  Lcflurts,  but  it  appears  to  he  metrly  to  Drir\  and  Rtvil 
loOrdinarteiandTavtms^rrhichis  w  it  ft\J  icflodalefff,  and  jt  js  to  te 


S3^  

Flints.    T>(^Tradini-ffoufes  with  Indians,     Powder  A^iil.  37 


feared  a  not  able  means  to  debauch  our  Touth,  and  hazard  the  Chofliiy  of  fuch 
as  are  drawn  forth  thereunto  ;  For  Prevention  mhirecf\ 

It  is  Ordered  by  this  Court;  That  all  fingle  pcrfon?,  who  meerly  for 
their  pleafurc  takf  fuch  Joarnics,  arid  frequent  fuch  Ordinaries,  fhall  be 
reputed  and  accounted  Riotous  and  Uofobcrperfons,  and  of  ill  Behaviour, 
and  fhall  be  liable  to  be  SummoDcd  to  appear  before  any  County  Court, 
Magiftrarc  or  Commidioncr,  and  being  thereof  convicted  fhall  give  Bond 
and  fufScicnt  Suretres  for  the  goodBchaxfiour  mtwent^  Pounds,  and  upon 
refufal  fo  ro  do,  fliali  be  commuted  to  Prifbn  for  ten  dojc'i  or  pay  a  fine  of 
forty  JhiHin^i  for  each  offence. 


£aeb  Tcfpn  to  povidi  FHntS' 

ITij  Ordered  by  this  Court;  That  every  Town  in  this  Jurisdiction  fhall 
provide  as  an  adition  to  their  Town-f^ock  of  Amunition,  fiK  hundred  order  regulating 
Flintifor  one  huodnsd  Lifted  Souldiers,  and  fo  proportionably  for  a  lefTcr  pJo^y^^^ws 
or  greater  number  to  be  conflactly  mainiaincd  and  fitted  for  publitk  kc. 
Set  vice. 


TraSrti-Hou.\et  with  ibe  Irtiianf  to  cta^e. 


THis  Court  confidering  the  great  /Shufe  and  Scandal  that  hiiih  arifen  by 
the  Licerifeof  Traaitg-Houfei  nub  the  Indians,  wbtreby  Drunken- 
mfs  and  other  C  rtmei  have  been  as  it  vf  ere  fold  unto  them. 

It  is  Ordered  by  this  Court;  That  all  fucb  Trading-houfes  from  the  Publi- 
cation hereof  fhall  wholly  ceafc,  and  none  to  prcfumc  to  make  any  fale  unto 
them,  except  in  open  Shops  and  Towns,  where  Goods  are  fold  unto  the 
Englifh,  upon  the  penalty  of  ffw  powwij'i  for  every  Conviction  before  law- 
ful Authority,  one  third  to  the  Informer,  the  remainder  to  the  Ccuotry, 
any  Law,  Ufatie  or  Cuftome  to  the  contrary  notwithflanding. 


*Poifdcr  MiB 

THii  Ccnrt  having  OrJeredtwo  Watch- vjcn  fram  DorehtHer  and  Milton 
to  Watch  at  Dorchefler  MiU,  and  undcrjlanding  the  Vndertaks'^s  of 
the  I' owder  Mill  for  bttter  defence  thereof  are  ereCiin^  a  fmali  Stone  Watch- 
Houfe  at  their  ottn  Charger ,  on  their  3^r^Mf/?,  as  being  of  public^  conctrr,- 
vant : 

Tbis  Court  Declares;  That  the  Undertakers  of  tbe  Powder  Mill  may 
Jepaif  toany  oncMagil^ratc,  whoby  the  Law  are  impowred  to  give  War-* 
rant  to  ImprelTe  Workmen  to  carry  on  Publick  Woiks  of  which  fort 
this  is. 


K  RcUtf 


:  8  Rdiif  for  the  'Di(}rcjfcd.    No  hdicns  to  gc  vffth  Jfteirid. 


IReVtef  for  the  Dipeffed. 


THis  Court   Confidciing  the  Inconvcnicacc  and  Damage  that  may 
ari fc  fo  particular  Towns,  by  fuch  as  being  forced  from  their  habi- 
taiions  through  ihc  piefcnt  Calamity  of  the  Wair,  do  repair  iinioihcmfo 
Juccour. 

Do  Order  and  Declare,  { tbar  iijch  perronsbeinglnbabitarts  of  this 
Order  for  relief  Jufisdi^ion  )  who  ate  To  forced  fto in  their  habitations, ard repair  toother 
of  the  dirirertco  plantations  for  Relief,  Ihall  not  by  vimie  of  tfaeir  Rcfidents  in  faid  Plan- 
tations they  repair  unto,  be  accounted  o*"  reputed  Inhabitants  thereof,  or 
Impoftd  on  them,  according  to  Law,  Title,  Poor;  But  in  fuch  Cafe,  and 
where  nccefTity  requires,  (by  ReafoD  of  Inability  of  Relations,  &c.) 
they  (hallbcfupplifd  outof  the  publick  TiEalBry.  And  tl  at  the  Seltft 
men  of  each  Town  I  nfpeft  this  D3aner,Qiid  do  likewife  carefully  provide 
that  fuch  men  or  woiricr.  may  be  fo  IiEpiBved,and  Children  Difpoftd  of 
ihar  asmuchasmay  bt,pub!itKCbafgeiP9j' beevoyded. 


7{o  Inc/knj  togc  off  tie  JJland  where  ^Jaad  mthm  ka^B. 


W 


J  Hen  (IS  ihh  Court  have  for  weig  hty  FcafcrJ  placed  Junnyy  Indian]  {that 
have  SuhjiUed  to  our  Covermnen.')  vj^on  ^cmi  ifiCudsfor  tbcir  and  cur 
Hecurtty:, 
HotnaijnstoGo.  Itis  Ordered;  Thnt  noncof  the  faid  Indians  fhsU  piefLme  to  fccB 
offtheiiiiniJs  the  (aid  Iflands  voluntarily  upon  pain  of  Death;  And  it  (hali  be  lawful 
u,'hcuriel>.,  for  the  Englifh  to  deflroy  ihofetl^at  they  Ihall  findef^ragling  ofF  frcmtfce 
andonpainof  (aid  plact's  of  their  Confinemcnr,unlefs  taken  off  by  Order  fr<H)  Autl^ori- 
''^^  fy,  and  under  an  ErgiiLh  Guard.     And  it  is  fnither  Ordered  ^  Thatifcny 

perronorperfonjfhQliprefunic.lo  take,  fteal  or  carry  away  either  Man, 
Woman  or  Childc  ol  the  fald  IcdJans  off  from  any  ibe  faid  Jflands  where 
Like  P'^jity  for  they  arc  placed,  without  Order  from  the  General  Court  or  Council,  he 
oroorflhein-  or  they  fViall  be  accounted  Breakers  of  the  Capital  Lav^'  Printed  and  Pub- 
dan/v-iihoui     liflicfi  aeainft  Man-fiealir.gi  And  this  Order  to  be  forthwith  Pcfledand 
Publifhed. 


How  much  ahwcd  Laiourers  that  rvork  for  tb  ScuJdicrs. 


T 


Ne  CouiuU  ha'/w^  Ordered  the  ScU8  TV^n  in  ecfch  7o\Kti  10  Inipre^e 

rren  to  help  Jtw  the  Corn  of  fuch  Mcntbet  are  lirfrfffed  and  ^b^tnt 

fro'V  heme  in  tL' Country  fctvici,  hut  having  fixtdtioRare  hvw  trmb  per  day 

TZ^ll  ^' cuVh,      This  Court  doth  O; dcr,  they  fhall  be  ailov  ed  ora  fhilHng  fx  {erne  per 
for  (h^c  soukfi-  (jayjnpay  asthc  Ccurtty  Rate  is  paid;  Provided  it  Jppeat  they  havq 
done  a  (nfficicDtdayeswctk. 


Q3Q 

what  and Fiofcef prohibited  Iwforiai'ion,      CoLUd^e  Officers  topay  Rate%.        3  9 


WhiM  and  Fkcir  prohibited  Intportation. 


THis  L  curt  confiderini  the  prefent  State  of  Jffaln  ation£jl  us  refpeO- 
iii£  the  Inditm  War,  and  what  hindfancdthe  fame  may  be  to  the  mtftn^ 
Jttpphe^  of  TroviCioni  amongil  oiirfehes ;  L^,  prchibitin.-, 

Judge  mecttbac  the  Law  prohibiting  Importation  of  Wbta:.  SJitff, '"'*'"'V'°",i^ 

ir-i  /•LZ/'jj  °    ,  .      ,  ,  J''^}  Wheat  StC   fuf- 

and  Flower,  pdg. 1 06.  be  iiJJpendcd  as  to  the  particulars  above  mention- prndtd  &£- 
td,  unfit  this  Court  take  fiuiher  Order. 


CdleJ^e  Off  cento  fay  Rates. 


1 


It  is  Ordered  by  this  Courr,  that  the  Officers  and  Servants  of  the  Col- 
ledge.orofany  Court  that  afc  by  Law  or  Cuftotne  exempted  in  their 
Tierfons  Or  Ellatcs  from  publick  S€rvices,and  Country  Rates  fhall  be  liable  ,  „  ^   „, 
lobe  Katcd  in  the  Levy  made  tor  the  payment  of  Debts  for  the  prefent  to  pay  rum  v> 
ivar,  and  tokrvc  in  their  own  perfonsas  their  Neighbours  do  in  theTowr/''''*^'" 
■wiiere  they  dwell,  Provided  the  Corporation  of  tho  Colledge  be  excepted, 
andlikewifc,   that  what  is  hereby  advanced  to  the  Country  Rare,  care  may 
be  iak.?n,  that  it  comes  into  the  poblick  Trcaluty,  and  not  to  the  pafli 
cularlown  Advantage  where fuch  perloos  Dwell. 


Lxponatim  ofFrotiftons  Irohibited. 


'T^/?rj  Court  Confidcttn^  the  gr(j.t  danger  of  a  Fami>:c,  or  at  leaf!  a 
'     Sc'ivfity  of  Bread, and  aiber  Ffovifions,  by  Reafon  of  (Hi  u,arry  (  //  ibo 
Lord  oricwujly prevent  net.) 

Do  hereby  ftri(rt!y  prohibit  the  Fxportationof  all  Sorts  of Pfovifions 
(except  Filh  and  Mackerel  J  out  of  this  Jarifdiflion  upon  any  pretence 
whatfoever,  (  vi6ual!i!5g  of  Ships  or  VcfTcis  excepted)  and  Captain 
]arr\ti  Otiiver  and  Lteutetiant  T'notna  BiattUatc  Appointed  by  thisCoon 
to  Infpeift  the  fame,  and  to  make  Seizure  of  all  fuch  provifjons  as  fh-jll 
be  loadcn  Contrary  to  this  Order  for  EKpjrtaCion  ;  to  be  forfeited, ono 
fourth  part  to  thepcrfons  fcizing,  th;  remainder  to  the  ufc  of  the  Country, 
and  this  Order  to  ftand  in  force  till  toe  Ctneral  Court  or  Council  fliail  fee 
juft  Caufe  to  revoke  ir.  Provided  the  Ccancil  may  give  liberty  to  ar,y  per- 
Ion,  if  they  feeCauf*'. 


I  Tis  Ordered,  that  all  fuch  perfoiis  that  have  olrf  3d  y  quitted  their  habf- 
ations  at  /,f.;M<ioH,and  do  not  forthwith  rrturn,or  fhall  ncrcafccr  leave 
their  habitations,  licence  no:  bcinj!,  tirft  obttined  from  the  General  Courr. 
or  Council,  they  Ih.dl  I'orfeic  their  Intcrcft  in  ih  c  place  CO  the  Country  for 
the  defraying  of  the  Charge  o^  tl'ic  G^ttifon  Souldicrs. 

K  z  Viihuifcmeniff 


a40  

TcT  '"^JfifirUmMS-to  befeitkd.       Sccuriy-g  of  Cram. 


Dijbuffeme  nU  to  hefcM* 


acftiunt  Tor  <fir-  I T  is  OrcJered,  That  the  Committees  of  Militia  In  tU  fcvcral  Towns 
barftrrcn.s  hi  1(1, ai)  bear,  dctetiniDf.ard  fettle  the  whole  Accounts  cf  the  fcveial 
fX'rmirn^by  Towns  rcfpe^ing  all  dilbuifemrnts  of  AirriS,  Amunition,  bcifes  fut- 
cfM^HlTin'"' """f"".  Provifions,  &c.  rot  exceeding  thne  ^cundi  for  j  hcrfc,  and  as 
iiChToyiB.        rcarasmaybc   piopoiticning  the  Ac-ourts  of  all  disturlcmtcts,  whoTe 

Bills  toihcTrealutcr,  or  Cotnmittrcof  that  Affair  £ball  bc  paid,  when  the 

AlkJstnents  are  Come  in  railed  upon  that  Account. 


F 


OR  privchfion  of  i'h: charge  endtrouhle  cf  TranffOrtdtkn  cf  th  FaicS 
10  be  levied  to  the  Trcaftircr  of  the  Country^  as  aljo  matter  cf  ccnreric^cy 

"^henin  appearing ; 

hisOrdcrcd;  That  Bills  for  Wages,  HorfcSjFrcvificns,  &c.  bcJcg  rc- 

gaiaily  paflcd  to  rhc  (aid  Treafurtr,   the  Trcafurcr  upon  the  dcfifc  of  pcr- 

lons  concerned  fball  repaTs  Billsrothc  Ccnflables.cf  fucb  Towns  Where 

Sums  arc  due  upon  the  afcrcfaidAcccunts. 


-p  OtT:}ffni'.ch  at  theprefirvatioh  of  tie  (jralm  loth  \y.iiian  and  Inili^  Tg 

v.  thii  CclonyV  oj gnat  mc([Jity,  and  the  fdtvatkn  cf  cur  Inf. alit ants  ttj 

th^kv^alTovpni^hiiniinfo  /iaititmgatidtcvi.ti  a  cordnicn^  as  that  there 

Cftit  krofaurrty  from  the  Er.efKy  vj  the  Craine  ir.md  mtle  £atr.s  cf  the 

Sicral  Inhabitants; 

I  tis  Ordered  by  this  Coiut ;   that  there  be  ffFefiual  care  fcrifwith  tzhen 

ordfrfcr  iv.s    by  thc  fcveral  Militia's  and  ScledMcn  of  the  Towns  for  the  ftcurirgthe 

Arurr/ig*  of  the  f.^^^  Giaioc  by  remcving  it  ■within  the  Command  of  the  Garifcn  or  Gari- 

cc'd'&i^""'"'  fons  of  "the  rcfpeflive  Towns  Jo  r.s  ihstihc  Emrroy  mo}'  not  It  iibic  ct 

pleafiucio  deflroy  ito:  fHinifh  themfelvcswiihit. 


F     I      :Ni      I      S. 


Majors  Llknpo  pursue  the  Enemy. 


41 


Several 
LAWS     <T     0%VE%S 

CKd!ade  at   the 
GENERAL       COURT 

Held  ^t  'BOSTON  the  21/?.  of  February^     K575. 

And  Trwiedby  their  Ordcr^ 

Edmrd  %a)i?fon.  Secret. 


tyj^ajort  Liberty  to  Purfite  th$  Enim/. 

WHetf/ts  the  Law  Ut:M\\\tatY,Si:Ci.it-  oijohuthat  no  Ma. 
j  or  of  any  KcixmzM  (lull  March  ipitb  his  Rfgimfnt  out  of 
the  County  rrhcrcin  te  bath  ComWMd,Kor  c.tufe  any  fart  there-  S^/'L?"" 
cffo  toJoxrithoui  Order  from  the  General  Courr,  Counci'.or  P^'f^Jeihe  Ens- 
Major  General,  a-cf;f  it  iempurfuit  cf  th3Ei]ev>y  upon  /j  Roui  *"' 

This  Court  tloth  Order ;  Thntdurin5thileU''ars,  arid  till  this  Court 
take  furthci  Oidcr,  it  fliall  be  in  thcJibcny  of  the  Major  of  each  County 

L  or 


2  Troopers,         ydunteers,       guards  and  Garifom. 


or  any  loff  r iour  Commiffior  Officer  who  bach  comirand  of  any  CoflJ- 
pany  or  Paay  of  men  to  go  out  of  tbciroun  proper  Ccumy  for  Enga- 
ging, Furfuing  oi  Dffttoymg  the  Enrmy  ;  fo  as  ihey  i(\  not  conirary 
10  paiijcular  Order  from  Supefiour  Officers  or  Auihor'/ry. 


Troopen  Sxem^tsi  from  Imfreffi. 

Wffefeaib)aJate  Ordir^  the  Troopers  tsere  mads  hahlt  to  he  Im- 
.,.>^... ...,.,-  prtfffd  ky  Foot  Sbuldien,  at  /ucb  time  as  it  was  fupfoftd  ihtre 

f'c\  from  im-      p^culd  ht  Uitle  ufe  cf  them  a^amjl  the  Indians,  v>bo  are  found  tj  txperiiticC 
^"^'^  to  he  icryfervicettbk  and  necc^ary^  «nd  have  been  mphjed  in  a  full  pro- 

portion teiht  foot; 

It  is  hereby  Ofdered  that  that  part  of  the  Order  concerning  Troopers 
be  Ecpcaled. 


Volutttcers  te  if  Under  the  Murttal  Lavs, 


Jhcreasthere  arcCoTnf\aints,tiatfuch  Perfonsxfho  tijl  thcmfelves 
Vc\v.T)tecri  in  the  Countriri  Service^do  ejlscm  themfdvgsfrom  under 
ihrnaiiuiTow.  ^^"^  ion^txandnhuhis  nec.fary  for  the  fecurity  of  the  Country, 

It  is  therefore  Ordered  by  this  Court ;  That  all  fuch  PerfoDi  To  lift- 
ing themfelvesfhall  be  fubjcdi  to  ali  fuch  Martial  Laws  asarc  or  maybe 
ptoviUe^ifcT  \h^  vjclj  otderuig  of  ij^e  Forces  of  tbis  JunfdiClioti. 


vv 


Guards  &  Carifoni. 


WHert^ithiYt  isdferved  a  great  veglcB  cf  the  Execution  of  the 
Law  Litfly  YTiade^  tit.  Guards  and  GarifonSculdiers: 
...      ,    ,v..       It  is  Ordf  red  bj  this  Court;  That  the  faid  L3W  be  carefully  fbvtbe 

Addition  10  tri'.'     -^  ,  ^  *  /?  i  -■        ...i.  l        i        ^  i  .     /    \  ^j 

tiw  t.t  Guards  Committee  ot  Miiitia,  WDo  are  hcieby  Impowrcd  in  that  refptO  or 
(ScGanfcM         j,)^i^f  officer  in  cacbl  own)  put  in  Exccuiicn,  and  in  particular,  that 
aailyrare  betaAco,  that  acoofidcrable  part  of  thcScu'diersby  turnj,  in 
th«  f^verijlpansof  the  Rc(pe(rtivc  Towns,  be  improved  in  Scoutircand 
Warding  to  prevent  the  Sculking  and  Luiking  of  the  Enemy  about  tbc 
faid  Towns,  and  to  give  tiinely  tioticr  ot  approoclung  Danger:     /ind 
alTo  that  the  B'uCb  m  Higii- waves  and  ether  places  (judged  ntcelTary)  be 
Bwflitobcout    cutup;  And  that  fuch  I  erioni,  Youths,  cj-c.  asarc  not  in  thcRoul  ofthc 
up     ( earc        Traind  Bands  (except  fuch  a^  arc  in  j.ubiick  place ejcemptfd  by  Law}  be 
under  Obligation  to  attend  ComniandtCj,-  that  fci vice, on  penalty  of  five 
ihillings  per  day  for  neglcrt. 
d°ch^'""'  *°  '^^       ^'^■'^  ''  '^  further  Ordered  ;  That  the  breaking  up  cf  the  Vv'atchbc 
b'-eskin^^p'j}.,,  not  till  the  nfingof  the  Sun,  at  wbat  time  the  Scouts  are  to  fet  forth;  and 
y^aj^ch  on  reriju  that  no  G  un  fhall  be  then  f  ted  on  penalty  often  OuHings  for  each  offeocr, 
■      t^efe  fioestobelt'vifdby  the  Clerkof  the  Band  by  Warrant  from  the 
Commiuce  of  Mililia  or  chief  Officer,  who  if  tbcy  fiuH  be  conviifled  of 

ncgleft 


Q43 

Three  pounds  fcr  }icada!lomd  tofuch  as  take  Indianu  4  3 


reglcdof  thcirdury  concerning  any  of  the  PrctDife$,thty  or  he  fhallta 
fined  icn  pounds  to  the  Publick  Tfeafory . 

TjPinCor.fideratioMofmany  Schll^nghdioos  about  oar  Plojiations 
y^    doingmuchmifibief  and  damago;   jind  that  A  probable  ^al  for 
thlreT'^'^"^^  '*   ^^   SfOur;«^  in  fm^ll  Partiei;  for    Encouragement 

This  Court  doth  Order  j  That  every  Pcrfon  or  Perfons,  that  null  fur- 
prize,  Hay,  or  bring  in  Prifoner  any  fuch  lndta»  on  the  fooih  fide  of  Par.  ii>'«P=^'"'ip« 
catii^ua  River,  he  or  they  fhill  be  allowed  three  Pounds  per  head,  or  the  Jiu'k' .e'lnJu 
Prifoncrsfo  taken   making  it  appear  to  the  Committee  of  M.liua  of  Ii'I'S^'" 
that  Town  to  which  they  are  brought-  i'^j^o&jMen^ 


FINIS 


S44 


Set?cfmeni  Pomr  toOrder  the  Husbandry  cfthofc  in  SnvUe  45- 


SevBYal 

LAIFS  &   0  li'D  E'E^S 
^^^^aJe  at  the 

GENERAL    COURT, 

midat'BofionforELECTIO^/^theil  of 

And  sprinted  hy  their  Order, 

Ednard  %in;fon  Seer, 


fMereai  t^-^  ?i^Jif^  ^<'^**  ncccfarily  eaJ/ forth  futuhy  tttct  info 
tbe  Country  Scr\/ici,  w/ij/?  Impkf/ment  and  Livefyhood  Corffi/ls 
in  Hu^bandr^f  the  frOimthg  whereof  in  our  RefpefHw  Towns- 

for  the  Raifing  cf  Com  and  Prmfms,  is  of  gnai  "Ktceffny  f«f 

our  Subfifiance. 

It  is  therefoTt  Ordered  by  thisCourtjThat  the  SeleS  mitt  of  the  Refps-  „ 
(\\vt  Towns  do  take  Effectual  Cjro,an(l  are  hereby  ImpowrccJ  to  Imprefs  twl'lc  s^i^"^ 
men  for  the  man^gtment  and  Carrying  ofjorthe  Hu/landry  of  fuch  per-  ^"^"to^iteruch 
foDS  as  are  called  oiF  from  the  fame  ihfu  the  Service,  who  have  not  fuffici-  iL  Hurhz"l°y 
enc  help  of  their  own  left  at  home  to  manage  tha  fjjrre,  whoflhallbeal-  sc?*';f  ' '" """ 
lowed  FAghtein  Pines i  day  for  theic  faid  work,  to  be  paid  hy  thcRe-  ^^h't^'n  ?rnf» 
fpe^ive  perfons far  whom  th:y  work.    Provided  is  do  not  apptar that  wigt7 r""'""^ 


4<?         Souldiers  refufing  to  wake  t^ppedrance.     Stated  Price  for  Hor^e  Hire. 


any  perfons  Imploycd  have  been  onfailhfnl  in  their  Labour,  in  whichCafe 
thf  i-c/,(7wf«fhallhavePoverEo  deduft  from  their  wages  fuch  Propoi- 
liODcJtheyfhall  fee  meet. 

TWis  Court  takjyi^  into  Confidevaiion  the  grefit  Bifappoinlmentthe 
.    ,,.       ,  ^""^iry hath  buffered  by  7{cQU*i  ef  nofi'jimararxe of  SouUienlm- 

fi'.g,o  makeAp.  P'<:j]«djoY  jevcral  ExpedttJoKs. 

<'e?""Tc  c'""  •  ^^  J^'^g^  f"fft-  thai  every  perfon  ImprrfTed  as  a  Souldier  for  the  Ser- 
ir/Voot  scu].'  vice  of  the  CountJy,  atid  reglefimg  to  make  his  Appearance  accord- 
fo"Voun7.  »ng  to  Order ,  every  fuch  foot  Swldur  flialj  pay  the  Summe  oi four 
troopers  fix  Founds,  and  every  Trooper  fhalJ  pay  the  Sutnnie  of  .S/*  Pounds,  and 
Ponod.  if  ihfij  negleft  cr  refufal  be  Accoirpanisd  with  7{efr<iQorir.eJs,  Reffllmy 

or  Contortpt  upon  Aothority,fuch  perfons  fhall  be  punifhedwiib  Death, 
or  feme  other  grievous  punilhtnent. 

Andthe  Committee  of  Mtlst;a  in  the  feveral  Towns  where  the  Of- 
fence is  Committed,  are  hereby  Iropowrcd  and  Required  to  call  before 
tbcm  all  fuch  as  fhallbe  Delioqucnis  as  is  above  expreffed,  and  on  Con- 
vidionof  there  nfgUd  to  give  Warrant  to  the  Conflable  to  Levy  the 
/aid  Fines,  wfeich  faid  Fines  fliall  be  Improved  to  purchafe  Aims  for  the 
Towns  life:  Provided  it  fliall  be  in  the  power  of  the  Council  oponPeli- 
tionofany  Perfon  agrievsd,  and  juft  Reafon  AUeadged  and  pioved  to 
make  Abaiem ent  of  ihe  faid  Fines  as  in  their  wifdom^  snd  Difcrerion  they 
fliall  judge  meet; 

And  it  IS  hereby  Ordered  (hat  the  Return  of  all  Nfgtcf^sandDefed» 
in  the  C&ks  aforefaid  befcDtrtoibe  Cd^nmHtesof  ^«<;iwiO  the  feveral 
Towns,  wbo  are  hereby  reqiiried  to  take  Ca»c  foV  the  ftxifl  Execution 
hereof. 


TH«  Court  hcin^lnfomedthat  fundyy  perfon  nho  through  the  Cala- 
mity of  the    Warfare  forced  to  rcmovcto  other  fltices,  do  Account 
thefifelves  free  from  Dutytn  tho[:jpl/icc!. 
Do  Order  that  ail  fnch  perfons  io  Removing  Ihall  flandinRefptd  of 
oraer  aeciar'.ng  Charges  and  Duty  to  the  publick  in  the  fame  Capacity  with  the  proper 
the  dut^  off  uch  Inhabitants  amoDgii  whono  :hev  make  thtir  Abode  or  Hcfidcnce. 

at  Remove  to  be  •' 


the  fame  wi'h 
thelnhabitanH- 


WHercas  it  appears  in  the  Bih  of  Dishi'rfcmcntifiated  by  the  Militia  of 
Shelcvcranomit,  and  Trattsmittod  to  ihe  Tnnjurer,  thcrcisa. great 
J}  if  proportion  hetv^een  Tmn  nndlovia  in  the  Trices  fet  for  the  If  ire  ofHor- 
fes  inthe  Couvtries  Seri/tee^fcrth  ^eticnting  the  lil^e  inconvenience  for  the' 
Suture. 

•ptitcdprice  It  is  Ordered  a  That  the  Bated  price  for  the  Hireofa  Horfeforthe 

i^th"r?cr"['^  Connrrycs  nre'lhail&BO«eS/&«ff'>'£y>x  ptMcc  in  rnony per  Wcc/j  tbroufehout 


alghceen  Pence    tDiS  JuriSdjftlOD, 

pETVWott 


For  the  Treferv/HiGfh  of  ihe  Frontier  Towm: 

TjT  h  Ordej-rf?  That  each  cf  the  Taid  Towns  be  by  xheConnr-'tteeoa 
i  Mfliiia.  divi'ied  into  h  many  parts  as  a  snsct  Number,inay  each  day  i*/ 

Tai.ii 


C  curtt  Order  as  to  Frontier  Towns*    Town  of  Saicm  Impofej  a  Fine.  47 


Turns  be  fent  forth  upon  the  Scout,  with  whom  a  parry  of  htninm  at  ibc 

Charge  of  the  Country  fha'I  be  joyofd,  that  the  faid  StoKfj  be  Conflaiii- 

ly  mana'^edby  a  fuitable  Commandcrin  eacbot  faid  Towns  Appo  nted 

by  faid  Cawmitrcf,  who  fhall  be  paid  his  wages  by  the  Country,  and  for  ^,°Vo\^otl\<jt 

the  Encouragement  of  (aid  Towns,  and  moreEffedualCarryjng  en  of  this  Towjis.&a 

work,  that  the  Souldicts  abroad  in  bcrvice  a  pperraioingio.faid  Towns  be 

returned  home,  and  they  freed  ffom  the  Imprrji  during  their  Arrcndance 

to  the  Service  abovefaid,  for  their  own,  and  tire  Gountiics  DctcDce. 

And  that  the  Frontier  Tomns  be  Accounted  Meadficld,Stidbury,  Concordf 

Chelmsford,  ayindovtr,  Haveril,  Exiter,  and  for  their  further  Security. 

It  is  hereby  Declared  to  be  the  Duty  of  every  chief  Commamier  or 
Officer  prefcnt  in  any  Town  upon  notice  given  him  of  snyAlTault,  or 
Diflrefs  of  any  Neighbour  Town  to  {cod  forthwith  what  Aid  can  befpa- 
xed  with  Safety  at  home  for  the  Security  of  the  DiftrefTed.. 


Tf{e  Court  be'mg  JnforrHid  of  th  Difficulty  the  Town  0/ Salem  %fffi 
wif /;a/,  in  ^.nde  perfoni  that  vpiU  fttye  in  ths   ConftMa  Ofjice,  i>y  Re  a' 
fon  oftloefm^lnefs  of  the  Fine  Impfed  t>)  L  a»  onfuch  as  do  rrfufc.  f^^^  ^^  ^^1 

It  is  Ordered  by  this  Court  that  it  fhall  be  Lawful  for  t^e  faid  Town  '■'■■'''•■'it.^  im""- 
hcnccJorth  to  Impofc  a  Fine  of  Te«  P'uidi  upon  fach  as  do  leiafe  to  fcrve  Fine  on"tho7e ''' 
in  the  Office  of  a  Conftabk  there,  any  Law  to  the  Contrary  notwiih-  ''"^'^"'"o 

_       ,.  ••  '  iTvc  js  Con* 

llaading.  tuik. 


IN   u^nfrvey  to  the  Petition  of  John  Beaudoti  a  rvounded  SouUicr  /«y 
yelief.  their  hfivta  »M>iy  i"  ^'^^'''  H'll!" ''  lli<'l  Jlands  in    like   lurJ. 
The  Court  Jadfi;tth  It  meet  to  Appoint  Mr.  Hawara  s  mg^j^r,   ioleth 

'Dudley,  Capt.  Hugh  Ma/on^  and  Mr.    William  'Far l^es\Q  be  a  A:ind-  '=-■'"' f^utee  to 
ing  Coramittec  to  Confider  of  FcCitions  of  this  Nature,    acd  make  their  y-rj'il'/J^ 
Report  of  what  they  Judge  meet  to  be  done  therein  to  this  Court,aad  this  ''"'■•'Vciiiro'',^ 
Committee  to  Continue  till  the  Court  take  furthci  Order.  ^^ ' 


\IU'HcreaJbytbe  late  Law  prohibiting  Trading  Huufet  ' an^  Trading 
xtith  the  Indians  except  in  open  Shcpi  and  Tuxvns  »  here  Goods  are  (old 
vnto  tie  Enolifh ,  tyidvanta^e  n  gmn  to  petfoni  by  that  Exception  to  C ar- 
ty on  a  VoUntary  Trade  with  the  Indians^  which  may  {rovt  of  dangcron: 
Confftjuencc  to  tbc  ^uhlick  Weal. 

1 1  IS  therefore  Ordered  by  this  Court  and  tbc  Authority  t'  cr£of,That  all  ord«  pmusi,;. 
Trade  with  thcl«.irfl/jj  be  prohibited  &:  for  thcFuture,it  is  hereby  prohibi-  ''"«  Trade  with 
ted  that  1:0  pcrfon  whatfocver  within  this  Jurisdidion,prc:umc  to  Trade  p/n.'ityof'c''o% 
isitb  any /«d»rf«.  or  Indians,  diie^ly,  or  Indireaiy,  by  thcmfclvcs  or  Efti't'Tra/ 
others  ;  Any  Commodity  whatfoeverupoa  Penalty  of  Forfeiture  of  their  "iu'mflu,  &c. 
ivholcEftatcs  for  each  OfTence,  being  Conviflcd  thereof  before  lawful 
Authority,  one  third  to  the  fnformer;  and  the  Remainder  to  the  Coun- 
try; Provided  that  this  Law  do  no  way  prohibit  the  occcltary  fuppl/jnd 
Relief  to  fuch  Indians  and  their  Families  as  arc  by  Order  [m  ployed  in  the 
Countries  Scrvice,or  as  are  otherwifc  urtdcr  rhc  fpecia!  Circ  and  Infpctf^i.: 
on  of  Authority;  So  that  fuch  Supply  and  Relief  to  thefc /«i/jrt-)i  be  made 
as  the  Court  or  Council  Hiall  allow^oril  no  Eftatc,  then  to  be  banifbed  up. 
otipain  of  Death.     Andthatby  fuchasareuoderthc  Tpjcial  Care  and  In- 

L  z  fpcd\ion 


48     edeff  win  to  tak^'Zarifar  tie  DifiraOed.Corrnrtitte  cj Militia  in  eacbTotvti 


5pfdionof  Authority  ,  .be*  meeot  fuch  is  being  peaceably  difpcfed  do 
r-ome  in,  (  and  being  Appointed  the  place  )  do  i>vc  within  the  viev/,  and 
ander  the  Eye,  and  Protebion  of  the  Eng^Jh. 

'^^  Hfreas  if)ere  are  difiraGedperfonsinfme  Ttwits  that  are  Vwulj; 
vhereby   not  only  the  Famhe:  whinin  tbcjare,  but  othcrfuiTcr  much 
^a£e  by  ttirrr, 
PclcflmcnPow.  m  *^'s  Ordered  by  tliis  Co Hft  and  ttic  A uirority  thereof ;  ThattheStka 
forjic  csic'of  .  en  in  all  TowJis  wbcrefuch  pcifonsarc,  are  hereby  Impowrcdand  Jn- 
thc  Difin&ei     JOy  oed  to  take  Care  of  al)  fuch  pcrfons  th  at  tbey  do  not  Damnific  others, 
"^od  alfo  to  tak«  Care  and  Order  the  Management  of  tbcir  Eftatesinthe 
Times  of  tbeir  Dif^emperalure,  fc  ai  may  be  >or  ibe  good  of  thcmfelves 
3nd  Families dependir,-^ on tht mi  And  the  Cbeqge  lobe  paid outof  the 
Eflatesofallfucb  pcrfons  •where  it  may  be  had,  otherwifc  at  the  publicic 
Charge  of  the  Town  (uch  peifotJs  belcngunto, 

Tf/is  Court  Conpderivg  the  great  ImMi^enieticy  that  w/1  £u]uc iffer- 
foTJi  be  left  at  Ltbtriy  to  withdraw}  frem  the  Irmtur  Tovms  that  art 
yetjlandingout,  thereby  Br.fsihling  the  Jiemote  farts  of  the  Ccumri^and 
tetidtng  to  ihc  Damage  ofihe  vchok. 

Do  therefore  Order  5  That  it  fhallnotbeinihe  Liberty  of  any  perron 
Commitreesaf    whalfoever,  who  isby  law  Injoyned  to  Trorw,  W^tcfc,  Ward,  oi  Sccrtr, 
u'eachTo^"     to  leave  tbt  Townheisan  Inhabitant  of,  upon  any  prcrencc  wbatfcevcr, 
v.'ilhoufc  Liberty  firftobteined  from  the  Cci»»irt«£«  of  MUitiam  theTown 
to  which  he  doth  belong,  or  inCafeof  theirdenya),  thenbyibc  Counrl 
of  the     Common     ]\'fallh.    upon    the    pciml/y    of   Twi-nty    Pjuiuh ;    except 
within  one  week  after  tbey  be  required  by  ibe.  Ccnimittet's  of  M'mia  r  -j 
TCturn  to  tbeir  Station,  they  fhall  accordingly  Return,  which  SLmme  cf 
Twnty  Toundi  upon   Certificate  fromthe  ^o?Mw;rrcfro/ j^/Zj/j^  to  the 
CeUmy  rrurr.of  thatibire,  or  Jc'aoy  two  Mcgiftratei,   flwilby  their  w ar- 
lant  be  forthwith  Lcvyed  upon  tbt  Eftatts,  or  for  Want  thereof  upon  thr 
perfcnsof  fucb  Delicquenisto  be  difpofcdof,  either tofuchaswiil  Come 
unto  the  faid  Town,  lo   ftrcngthen  them,  or  towards  the  bearing  thr 
Charge  of  the  Wair;  Or  otheiwife,  as  thofe  that  ftard  itoutfhallfee 
meet. 

Atid  it  b  further  Oi  dered ;  That  no  perfon  capable  lO  Afllft  in  fccuring 
the  GarrJfoD  he  belongeth  to,  fhallabfenthimfelfby  going  rut  of  Town 
without  actjuainiing  of,  and  Liberty  obtcined  from  the  CommaDder  of 
laid  Garrifon,  upon  Pccaity  of  ficjhilli^igi  for  each  Offence  in  that  kind, 
lha:fo  the  danger  to  which  thcGairifonsintbfRefpe^ve  Tov/ds  arcex- 
pofed  too  .by  frequent  abfencc  of  fucb  as  ate  for  the  Defence  of  them 
iraybeprtve^'^ed. 


FINIS. 


248  Si> 

The  customary  cut  of  the  Colony  arms  is  necessarily  omitted  to  bring  this 
page  to  the  size  of  the  others.  ^-  "•  *• 

tJtA 

qE^NiEBJL     COV%T 

Beldat'BoUonCMayth  '^d,  i  6  y  6 

Or  the  preventing  of  Injufiicej  and  Inetju^lity  in 
the  difcharge,  and  payment  of  Vifl^urfemenpr 
made  hy  any  particularperfortij  or  Torpns  for 
the  Carrying  on  this  prefent  W^rr, 

his  Ordered  hy  this  Courts  that  a  (^ommittee  JJjalJ 
he  Chofen  in  each  County ^  to  Examine  the  'Rates  put  up. 
on  all  manner  of  things  u fed  or  Expended  for  theTMicf^, 
ai4d  to  yien>  the  particular  "Bils  allowed  hy  the  Militia  of 
each  To\ipn  for  Expences,  until  thefrfi  of  this  Inflant. 
Jndfofarras  they  judge  right  andoqualtopafs  the  fame 
under  their  hands.  Jnd  the  Committees  abovefaid are 
herehyOrderedto  Choofe  one  man  from  among  them  fives, 
in  every  of  the  County es^  i»ho  (hall  meet  at  'Boston  the 
firfl  fourth  day  infuly  next,  and  bring  Vfitb  them  the  Ac- 
counts alloxpcdandpajfedtn  the  fever al  County  es,  ythere, 
and  Mihen  their  "^orl^  fhall  be  to  Compare  them  to^ether^ 
and  fo  to  1{egulate  the  whole j  as  to  them  fhall  feem  mojl 
J  lift  (y  equal,  Vfhofe  Ad  being  by  them  given  under  their 
hands  to  the  Ifrsajurer,  /hall  be  afufficient  warrant  for 
their  allowance  in  payment  of  the  Conntry  %ate. 

The  frames  of  the  fever al  Committees  are , 

for  Suffoike,     Capt.  Filhcr,  Dcsron  Parker,  Mr.  StoJdard. 
For    Ejjex,  tj^rla]jr  tA ppkton.  Air.  BarSbolonttVy  £nf.  Fu//(f. 

For  AftddUfex,Capt.  Hoivmond^  Lcttit  ]ohnfon,Mr.  ^offph  Cook. 
For  Norfflke     Ml.    Ddton.  Enf  BuJ'wilj  Lciut.  Browr. 
For  HarrflWtrc,  Qaft  Heliiock^Lcint.  Clarke,  Dcacow  Tilfjrr. 


S4S13 


Pniidnition  of  the  Sa^iaih  punijhed, 


i? 


Several 

LAWS     <r     0  T{T>  E'R^  S 

!Made  at  the  firH    SESSIO^K^of  the 

GENERAL     COURT 

for  ELECTIOO^S 

Held at^ojlon  in  !J^eMp ^England 

May  lid.    1  6  7  J. 

Printed  and  Tuhlifijedhy  their  Order, 

'By  Ed'^ard'R^wfon  Secr't, 


H JiJ  COV'^Thang  difroui  to  pnvcnt  all  occafom  of  Cjhu 
flattit  nfzning  to  the  Profhartation  of  the  SABBATH  ; 
uind  as  an  jiddition  to  fotrmr  L  AWES ; 

_,         Do  ORDER  and  Ena(ft,th2t  all  thcLawa  for  Sand       ^^  ^^  ^ 

ificarion  of  the  SabbLith,  ^nd  preventing  (he  prophaoiog  thereof,  be  ^'^         /  *"' 
twice  \r\\\\cn<3f  -yir.  in /If^rcb  and  ^cfUWDf  publickly  Read  by  the  ^''  ^^{''''^ 
C^mHir  or  Aftmftirs  on  the  L-rdt  iafe    «n  their  fcveral  r«fpcdive  y°?// *. 
tyffembUes  within  this  Juritdidion;  and  all  people  by  him  C?utiooed  S^°'><^''' 
to  take  htxd  tp  fhe  cbferv?nce  thereof.     And  the  SekSt  men  arc  hfrcby 
Ordered  to  Tec  to  it  thai  there  be  ont  man  appoiated  to  infpeQ  the 

M  teti 


Ten  Families  of  tbcirNcighbonrJ.  which  Tithing  man  or  men  fliall  and 
hereby  have  power  in  the  abfcnce  o(  the  Conftable  to  apprehend  all 
Sabbarb-breakcrs;  difordctly  Tipiers,  or  fuch  askeep  LiccnTed  Houfet, 
orothcrsfbat  fhall  (offrrany  difordcr  in  their  Houfes on  the  Sabbath-day 
or  evening  after,  or  at  any  other  time,  and  to  carry  them  borore  aMa- 
giflnte  or  other  Authority,  or  commit  to  Prifon,  as  any  Conftabic  may 
do  ■■,  to  be  proceeded  with  according  to  Law. 

And  for  the  better  putting  a  rcrtrainr  and  fecuting  Offendexs  that  fhall 
anyway  tranfgre/s  againft  the  Laws  n;.  Sabbath,  either  in  the  Meeting 
Houfe,  by  any  abufiue  Carnage,  or  misbehaviour,  by  making  any  noife, 
^^{^■^ttf  (3  tf  o'o*^^'""re>  or  during  the  day  timCjbeing  laid  hold  on  by  any  of  the 
Erectgd  Inbabitams,  fball  by  the  faid  perfon  appointed  to  infpedl  this  Law,  be 
forthwith  carried  forth  and  pat  into  a  Cage  in  'BoHon  which  is  ap- 
pointed to  be  forthsA/ith  by  the  Selcd^  Men  fet  up  in  the  Market  place, 
and  in  fncb  other  Towns  as  the  County  Courts  fhall  appoint,  there  to 
remain  till  Authority  thall  examine  the  perfon  offending,  and  gi7e 
order  for  his  punifhrnent,  as  tbc  matter  may  require  according  to  the 
Laws  tdatirg  to  the  Sabbath. 


J^V  AKET^S-MEETlNgS. 


AS  an  jldditioutciht  J  a/l  L^w  relating  to  fakers  mnttyi^tQ 
Ihe  Conflablcs  o>  every  Town,  art^  hereby   RequifetJ  to 
oiake  diligent  Search  in  tbeir  refpeflive  Townes,  efpecially  on    the 
Lords  day,  m  all  fufpeflcd  places  and  houfes,  and  where  they  know, 
er  may  be   informed  that  any  Q^kcy$  are  mett  to  Celebrate   their 
Irregular  and  prohibited  worfhip,  anda/e  hereby  Impowred  to  break 
Addii'icmto  open  the  doore  where  thev  are  dexiyed  peaceable  entrance,  and  tuch 
the  Lames  a  P^r/ons  a;  (hzW  be  found   at  fuch  meetings ,  Gnall  be   apprehended 
vatnft  Pua^'"^  proceeded  wuh  aod  pnoiHied  as  the  Law  provides  in  ^at  cafe; 
Lyf  ;„fj(;«- and  .every  Conflable  ncgle<fting   his  duty  hetein,and  being  Legally 
^  ^  coQvit^ed  thereof,  fliall  forfeit  the  lumm  of  forty  fhillin^i    to  ibe 

Ufe  of  the  County ;  And  for  all  fuch  perfons  that  (hall  be  prefent- 
ed  Or  complained  of  for  abfenting  thcmfelves  from  the  pubhck 
allospcd  worfhip  of  God  on  the  Lords  days,  and  will  not  fomuch 
asaffirinc  tbey  were  there,  or  Deceflfarilyablent  by  the  providence  of 
God,  it  fhall  be  adjudged  a  convidion  of  the  breach  of  the  Lsw. 
and  punilhed  accordtogly. 


^D  Ml  N I  sr  RATIONS' 


^rfmintftr<j(io«J 


IT  is  Ordered  by  this  Coiift,  and  the  Authority  fherfof,    Tfiat 
,,_ ^_^^^,^        when  any  perfon  Dyeth  InteBde^  wbofe  Ef^atf  is  ffifolvcyjt^^md 

lobegf-med  to  not  fi  fficisnt  to  fatijfie  the  feveral  Creditors,  and  opoo  informa- 

fM%ife    ticn  tbfreof  .given  to  the  Coort  of  that  County,  the  faid  Courtfhal? 

grant    Adminiflration  as    the  Law  dire£lf,  and  Impower  Commif- 

fioners  to  receive  and  examine  the  Claimesof  the  feveral  Creditors, 

end 


In  keepers  liberty.     tJl^ari'etiey;  to  provide  Snapfacks.         InJiay.s.  SI 

and  give  notice  by  porting  up  a  Paper  io  the  tnoft  publick  place  in  Bofto»\^ 
and  in  the  Town  where  the  pcrfoo  lived,  and  inthe  three  next  adjacent 
Towns,    that  all    perfons      concerned    n^ay  come  and  make  their 
Claims,and  prove  their  Debtswithin  twelve  Months  after  publicatioc 
at  fartheft  ■(  unlefs  upon  occafion  the  County  Coart  fee  caafe  to  give  fur* 
thertimc;   before  the  faidCommiflloners,  aod  fucb  as  they  ftiall  findc 
clear  and  unqueAiooable  Debts,  to  receive  and  allow  them,  and  fo  the 
fa  id  Court  fhall  make  a  juft  and  equal  divifion  to  ali  the  Creditors  accor- 
ding to  their  fcverai  proportions  (o  far  as  the  faidEftate  will  extend  unto 
And  v/hatfocver  Creditor  (hall  not  same  in  within  the  time  limited  as  a- 
forefaidtochalengeand  provehis  Debt,  he  fhall  be  debarred- from  any 
part  of  bis  or  her/a/d  Debt,  unlefs  fuch  pecfon  afterward  can  finde  fome  fjoxftoie 
other  Eftate  of  the  Deccafed  not  found  out  before,  and  put  into  the  l^-  dtvitkd 
vf  nrory  :     And  iny  EfUtc  of  like  nature  now  depending,  and  not  fully 
ifluedby  in  equal  Divifion  among  all  tbe  Creditors,  according  to  their 
proportions,  (hall  be  fettled  according  as  this  order  dire<fls,  any  pr occed- 
jngs  or  aftmgs  in  any  Courts  or  othcrwife  to  tbc  contiary  notwith' 
ilanding^ 


la-keepers  L'thertjtt 


F(XR  tleaJvUncement  of  tbe  Countries  Cootfnodities ; 
It  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  all  Re-  rnleepe^  lifcem 
tailcrsof  Strong  Beer,  being  Licenfcd  thereto,  ihall  have  liberty  to  itH  ',°pe"cc! 3%'^c'e 
ftroDgBsetabovc  tsro pence pe«' quart,  provided  they  put  in  of  Birley  4pcnce  <  qmrt 
Malt  proportionable,  ■y/^  Beer  at  tfcrcc  fe?ice  per  ^Mrti't  three  fufh  1$  of"""*    '"''° 
Malt  to  a  Barrel ;  it  four  pence  per  quart  four  tufhels  to  a  Battel,  any 
LaWjUfagQ  or  Cuftome  to  the  contrary  notwiiritanding, 


Mmks^'un  to  j^tovide  Snapfacki. 

\S  art  Addition  to  th  Law  tit.  Military  ScQ.  7.  requiritig  P%Wf«  to  Mu'tsotteoto 
frovidc  Sttapfach,  and  being,  wbollj^filent  as  concerning  MUik^ticn  ;  SMpl&cto"^ 
This  Court  do  Declare  that  Musketiets  are  alike  required  to  provide 
Snapfacks  with  tbeir  other  AmunirioQ  that  Law  exptclTetb. 


w; 


Sndiani  te  btfdtledin  fottr  PJantattnt, 


rHiredi  after  this  time  of  TrcuUe  and  War  wth  th  IniidnSy  the 
piell-ordiTiKg  and  fcttUmsnt  of  tbofcthat  remain,  end  arc  tinder 
CommaHdyijatnattirof  groat  co»cernmst)t  to  tkv  peace  and fecurtty  of  tbs 
Country,  and  th:  welfare,  civilizjng,  and  good  sducatijn  of  the  faid  Indians  ^rlfeilht.^'uJ'^ 
and  tbeir  Children ;  induns  in  four 

It  is  hctcby  Ordered  and  Enacted,  that  all  fuch  Indian  Chtldrca  o/'*°'*''«" 
Youths  tha!  ate  fettled  otdifpofcdbv  order  of  Autbotity,  or  with  thttc 

M  z  Pat€n:$ 


^  Udian3. 


Parents  or  Reititions  confenl  to  any  of  the  Englifh  Inhabitaols  with?;;, 
thij  Jurifdiftion,  (hall  lo  remiin  wittr  them  as  Servants;  and  to  be 
TaughCaad  inftrufted  in  the  Chriftian  Religion,  uRtil  each  of  tbcm  atr 
-fain  to  the  sgc  of  twenty  /our  years  ;  except    by  fpccial   conlraft 
it  be  otbcfwiTe  provided:     And  (or  fuch  lodiao  Childreo  Youcb:  or 
Girls,  whoTe  Parents  have  been  in  Hoftility  with  us,  or  have  lived  a* 
mong  our  Enemies  in  the  time  of  the  War,  and  were  brought  in  by 
force,  and  given  or  Told  to  any  of  the  Inhabitacts  of  this  JuriTdidiion, 
fuch  fhall  be  at  thedifpolalof  theit  Maftersot  ehcir  AfTigncs:  Provided 
ihey  be  inftrudled  in  Civility  and  C hriftian  Religion  j    And  for  oil  other 
Jndians  that  are  admitted  rx>  live  wirhinthis  jurifdji^ionj  as  well  fuch  as 
arc  called  Praying  Indians  39  well  as  others,  tbcyfhal!  be  rediiccd  to  In- 
habii  in  four  places  for  the  prefent,  N'flric^,  P uiickc^dn^^  Hajfanemefit 
and  Wamefit^  ind  within  the  limits  of  thofe  Tot^ofhips,  ss  they  are  gran- 
ted to  ihem  by  the  Geoeral  Court,  where  thfey  may  be  continuilly  jn- 
fpe(ned,  and  from  time  fo  time  ordered  and'govcrned  by  fuch  as  this 
CourtorCodDci)  fhal!  appoint:   And  C7hen  they  are  ooce  fettled  at  a- 
foiefaid,a  Lift  to  betaken  of  all  the  Men,  Women  and  Children  of  the 
fevcral  Companies  once  a  year  at  Icaftj  and  kept  upon  Record  with  a 
ftrid\  charge  and  prohrbit/on  upon  the  penalty  of  the  difplcafurc  of  this 
Court,  not  to  receive  or  entertain  any  Granger  or  forrejgn  Indian  or  In- 
dians into  their  focicty  without  the  knowl'^die  or  approbacidrt  of  Au- 
to kwi  oJt  *^°'''y'  and  ihat  she  Indians  about /'<J/Mt/?9!(<J,  (hall  be  fetrlcd  aboot 
i^J.ansout  of     ^ucchecho3s  Oiall  be   further  Ordered  by  the  Council;  and  ail  other 
foaled™"*'  ^'  ^^^*  ^"'^  Orders  relating  to  the  !ndi3ty  and  made  fince  the  War  began, 
as  ro  their  confineneot  to  this  orthat  place,  rr  giving  liberty  to  any  to 
tolic  o?  kii)  lay  of  them  found  without  tbc  limits  appostited  arc  hereby 
repealed  and  declared  poitJ. 


Indians  Libittj, 


FOR  the  pevcfttiot)  of  d!  inccnvenkncejthat  maj  fall  cut  ly  tic  fettlng 
of  the  indian:  at  Ubcrsj^to  he  fried  from  any  fca-s  of  hing  fhct,  found 

Out  of  theit  limit i-^ 

3t  is  hereby  Ordered,  that  all  Neigbour  lodiaoi  and  Friends  though  ak 

liberty  to  hunt,  &c.  yet  carrying  their  GuDS  with  them  into  the  woods 
7f°'^^nco°vc;,'ila"d^ot  calily  difcovered  whethc:  frscnds  ornot,  A  ill  and  hereby  are 
cijsby  irdra.ii  f  cjovned  on  the  fight  of  any  Enpiifn  perfoo,  or  being  called  unto,  fhalL 
the  woods  wfjh  m:mcdiately 'ay  down  his  Gun  and  leaving  It,  rcpasr  to  thefaid  Englifii 
tbeirotjiis.       pcrlon,  and  make  it  out  by  bis  certificate  homfomc  perfoo  in  Authority 

of  his  name,  and  p'acc  of  aboade,  and  liberty,  as    aforefaid,  or  o- 

tberwifc,  fhall  be  liable  to  have  bis  Gun  took  from  hits,  and  to  be  look- 
Not  to  to  '^^  ^^  35  ^"  Enemy;  ^or  fhali  any  Indian  on  this  fide  Merrimack  T^iver 
wthout  ccr-  ''^"^^  liberty  to  ttflvail  the  woods  with  their  Guns  wlthoiit  a  •Certificate 
Jificates         '"'"^  Mr  ior  General  Danici  Dcmfcn,  or  Major  7)aniel  gcokirt,  cr  on  the 

other  fid':  of  Af£wim<}f^gi^iiihofit  like  Ceriificote  from  Major  KJchard 

Booh 


Sook-Dibcs.    DoubJe  Cujiontc,  Pri/efof  Ho-'fcS.  SI 


Book-'Dehtu 

17^  /Infiverto  thi   Pdtuofi  of  (uv^dry  the  Uhahitantsof  /Softon,  humblv  ^^^  ^^(,„j 
definn"  that   the  Lav>  refpc^ttni'Bo'jkr'Tiil'ti  be  repealeti,   &c.  Bonk^Dtht: 

Ir  li  Ordered,  that.the  Law   refpcaing  BooIcDcbti  fball  be  ^°^  iu\(endei  for 
hereby  jjfufpeoded  for  ihree  years  longer  from  this  time.  3y<<*i 


1 


Double  CulJnmefor  ail  W'met,  Brandj  &  Rttm, 

T.is  Ordered  by  the  yiuthority  of  this  Court,  thar  tbcCoftcmc  of  a!  Dowfc/c  Cul 
^  Wines,  Brandy  and  Rum  Impcrrted  into  this  Jurifdiflioo  iball  he  ^ome  for  a- 
doublsdfrotD  henceforth  :o  what  batbbeeopaid.  i»<«">    ^''-'^ 

dy  and  B'AO) 

Prifei  of  Horjti  to  the  Country  Rate* 


WfJcreatitU  mamfefi    that  the  prifet  of  ffcrfet  it  much  fallen   to 
xhat  tbty  formerly  were,  and  yet  by  LdVQ  are  to  bs    l{aud  at    ^ve 
pundifcf  Horfe  \ 

It  IS  tliCTcfarc  Ordered  by  this   Court  at>d  the  Authority  thpreof, 
ih3i  hcDCf  forth  all  Horfcs  aod  Mjres  from  three  years  old  aoi  upwacds,  Fr>p»  of  bar' 
iball  be  Raicd  at  three  pounds  in  a  finglc  Country  Ratc,bctwecn  two  artd  i^i  f"  **'* 
tnrecyearsoldaC   forty  fhillingii  and  between  cne  and  two  ve3rso!dafC3;<n;ry  rCts 
twenty  Ihillrogs;  any  Law,   Cuftomeorlllagetothecojiuary  noiwith- 
Baading. 


Prifei  for  D  if  bur  foments. 

TElis  Court  dorhOrdtr,  That  al!  dinjurreroeots^fiace  tfiefi.f?  of 
Miijt6jS  relating  to  chclndian  War)  jccording  to  tbeir  ftve- 
TaKpeciiS,  fhallbe  rcducrd  to  the  prices  or  valuatioa  hereafter  cxprifTcd 
viz.  thit  :bc  p  ifcs  and  payments  of  all  things  referring  to  the  prcmife? 
to  be  at  die  Coantry  Race  price. 

To  Billeting  oj^SouUiers,  vi^,  one  man  per 
V^ecf^y  five  (loillings  fnur pence: 

Toprovi/tonforSotildiers  outj  i.e,  one  man 
per  vceel^,  fve  finllings  four  pence, 

TheSouldiers  billeting  or  provifon  out,  as 
aforifaid  from  the  date  ojf  thefe  presents, per 
\peel{  five  /hillings. 

To  'Billeting  Souldiers  by  the  meale,  not  ex^ 

ceedmg 


54   Prht^/br  i^ijburfmenti. 


aboui  the 
Wit. 


ceedmg  twocfajeSi  after  ti»omeales  adaj^fix^ 
pence  per  meaie. 

To  lofs  O"  damage  ofArmes  and  furniture 
as  theQommittees  of  militia  in  thefeveralTomjs 
/hall  values  at  a  Just  and  equal  price. 

To  a  Horfeat  grafs  a  day  and  a  nighty  not 
scatej  prifer  exceeding  two  dayes  at  a  time  ^  four  ^ fence . 
ur^/lf       ^^  ^  ^orfe  atgrafs  one  wee{,one fhiLfix^pe, 
'  ^         Tea  Horfe at  dry  meat  a  day  (sr  nighty  not 
exceeding  modajes  at  a  time ^fix^ fence 

To  one  Horfe  a  i»eeJ^at  dry  meat,   tv?ofhil[. 
To  a  Horfe  hire  by  the  wee\,  /"^o  /hillingr. 
To  a  Horfe  hire  for  a  day  or  tn>o^  not  excee- 
ding four  dayei ,  fix^fenceper  day. 

To  Horfes  Impreft  asT>ragoons,  to  he  faid 
as  Troopers  horfes. 

To  To/is  as  the  Lafo  diyeBs, 
To  Trovifwns  of  all  forts  ^afBread fer  hun^ 
dred :  'Beef.Tor^^  hy  the  barrel  &c.at  the  cur^ 
rent  prices  they  are  fold  at  the  time  they  are  ta^ 
k^n  up^  to  he  paid  in  money. 

To  Horfe i  lofl  as  the  Lay»  di reels. 
To  carting,  four  oxen  (yaman,fve  fhiLp.d, 
To  a  man  with  three  HorJes(^  a  cart  at  five 
fhillmgsferday,  and  fo  prportwnahle. 

To  Jrdunition,  pon^der  tvpo  fhiUings  p.found 
mus\et  bullets  eight  fence  per  fcore,  and  fmall 
Jhot  proponioncble. 

To  Ferriage  ofSouldiers  (jrhorfes  halfpric 
Tq  Gates  according  to  tVfO  fhiL  j^er  hufhelL 

Tro 


Pritjes  far  Disburf«men:!.  55 

Provided  the  "Billpt^  of  Souldiers  in  partis 
cuUr  places,  be  allovped  by  the  Committee  for 
the  Wan :  and  that  the  allo^vances  for  Ferriage 
concerning  fome  ferp particular perfons,  he  fuf^ 
pended  to  further  Conftderation. 

(tAnd  that  all  ^tlls  Signed  and  allovped  bj  the 
(Committee  of  Militia  of  the  rejpeclive  Tovpns^ 
according  to  thefe  T(ateSj  /hall  be  accepted  and 
payed  by  the  Treafurer, 


Fi  :j^i  s. 


soe 


Oatn  of  Fidelity  and  Allegiance.  57_ 


Several 

Laws  and  Orders 

tSA^ade  at  thejecond  Sefsions  of  the 

GENERAL  COURT 

Hdd at  "BOSTO ^OiioheT.io'"-  1677. 

And  publiihed  by  Order  thereof. 

Edxvard  l^vpfon  Seer', 


WfJertAJ  many  fecret  aittnpts  have  hein  lately  made  fy 
evil-minded  ferfns  to  ftt  fire  in  the  tcwn  of  Bofton, 
and  other  placrs,  tetiSng  to  the  difiTuElion  and devafia- 
lion  of  the  tvkolt  \  thk  Court  doth  account  it  their 
duty  toufe  all  hvf{ull  meant  to  difcover  fuchferfctit, 
and  prevent  the  hkji  for  time  to  corns  : 

Be  it  therefore  Ordered  ;>nd  cnafted  by  this  COURT  and  the 
Authority  thereof,  that  the  Law, /<>.  0,»riS)/  and  Suhfcriptionsy  Pag.  mo.  Oath  of  AUc' 
SeFl.  1.  requiring  all  pcrfons.as  well  inhabitants  as  ftrangers  (that  huve  giaHce  &  Ft- 
not  taken  it )  to  take  the  Oath  of  Fidelity  to  the  Country,  be  revived  and  citHtjfar  Ik- 
put  in  prad\icc  through  this  Juril'diftion .-    And  for  the  more  effeftual  habitants  & 
execution  thereof*.  It  is  Ordered  by  this  Court  that  the  Seledt-mcn,  j/r4»«_gfr;. 
Conftablcs  and  Tything  men  in  every  Tovyn,  doe  once  every  quarter  of  a 
vcario  proportion  and  divide  the  precifiiksofeath  tovm,  and  go  from 

N  houfe 


5^*  ^(.7^  ofTrade-and Navigationtohobfervecl. 


houfe  to  houfe,  and  take  an  exaft  lift  of  the  names,  quality  and  catlings 
of  every  perfon,  whether  Inhabitant  or  Stranger,  that  have  not  taken  the 
faid  Oath,  and  cannot  make  due  proof  thereof  •,  and  the  Officers  aforefaid 
are  hereby  required  forthwith  to  return  the  names  of  fuch  pcrfons  unto 
the  next  Magiftrate,  or  County  Court,  or  chief  Military  Officer  intf'e 
Town  where  no  Magiftrate  is,  who  are  required  to  give  fuch  perfons  the 
faid  Oath  prefcribed  inthc  Law,  wherein  not  only  fidelity  to  the  Coun- 
try, but  Allegiance  to  om-King  is  required  .•  and  all  fuch  as  take  the 
faid  Oath,  fhall  be  recorded  and  enrouled  in  the  County  Records,  by  the 
Clark  of  each  Couniy  Court  •,  ?.nd  all  fuch  as  reftjfe  to  take  the  faid  Oath, 
they  (ball  be  proceeded  againftasthe  faid  law  direfts.  And  further, 
this  Court  doth  declare  ,  that  all  fuch  Reftjferitotakctliefaid  Oach,  (half 
not  have  the  benefits  of  our  Laws  to  implead,  fueorrecover  any  debt  in 
any  Court  or  Courts  within  this  Jurisdidion,  nor  have  proteftion  from 
,  this  Government  whilft  they  continue  in  fuch  obftinate  refufal. 

And  furthermore.  It  is  Ordered  that  if  any  Officer  intrufted  with  the 
Execution  of  this  order  do  negleft  or  omit  his  or  their  Duty  therein,  they 
(halt  be  fined  according  to  thcirdements,  not  exceeding  five  pounds  for 
one  offence,  being  complained  of,  or  prefented  to  the  County  Courts,  ol 
Court  of  Affiftants  and  this  Law  to  be  forthwith  printed  and  publi(hed,anii 
cffeftually  executed  from,  and  after  the  laft  of  November  next,  and  that  all 
peribnsthai  Adminifter  the  Oath  above  faid,  {hall  in  like  manncf  make  re= 
turn  of  the  names  of  luch  perfons  fo  fworn  to  the  refpeaivc  Ckrks  of  the. 
County  Court., 


ACTS    OT   TRADE  to  le obfnvrl 


T^Hii  Court  heinginformedhj  Lettirt  received  this  day  from  our  Jl^cffcfiM 
girs  of  his  Afajefliei  expcHatiou,  that  the  afls  of  Trade  and  Navigation^ 
ire  exaHlj  and  pMn^ua//)  obfervedbj  this  his  Majcflies  Colonj  :  His  fie^fxre 
therein  not  having  been  heforenow  figmftcduxto  w,  tit  her  h]  exfnfs  from  kit 
■^"rh-.or  a^jofhis  'Aiiniflcrsof  fiate.  "  / 

His  M^jeft/t      h  is  therefore  hereby  Ordered , and  by  the  Authority  of  this  Court  Ena- 
/?^/ of  iV^K/- fted,  that  henceforth  all  Mafters  of  Ships,  Ketches,  or  i)ther  VclTcis  cf 
^anon  and      leffcror  greater  burden  •,  arriving  in,  or  foiling  from  any  of  the  Ports  of 
Trade  to  be      this  Jurisdiftion,  do  without  covm  or  fraud,  yield  faithfuU  and  conftant 
o^/frz/f^i »«;);- Obedience  unto,  and  Obfervation  of  all  the  faid  Afts   of  Navigation  and 
naltj,  6cc,        Trade,  on  penalty  of  fuffcring  fuch  forfeitures,  lofs  and  damage,  as  in  the 
faid  Afts  are  particularly  cxprcffed.  and  the  Govcrnour  and  Council, 
and  ail  Officers  commifTionated  and  authorized  by  them,  arc  hereby  Or- 
dcied  and  required  to  fee  to  the  ftrift  Obfcrvation  of  the  laid  Arts. 

jAadition 


4Mition  to  the  La^  tit.  Sabbath.  5^ 


Addition  to  the  Law  concerning  ProfaKattoH  of  the  SMatt 


A  San  j4Mtion  to  filiate  La\»  made  in  May  Ufl  for  the  prevention  of 
profattMinn  of  the  Sai>l>ath,andjfren^thnin£  of  the  hands  ofTythirtg  men  ,  , 

appointed  to  infpeEl  the  fame.  Addition  tO 

It  is  Ordered  thacthofe  Tything  men  Oiall  be,  and  are  hereby  appoint-  '*^  ^'*^'>  "'* 
cd  ana  impowred  to  inlpcifl  publick  licenfed  houfes  as  well  as  private,  and  Sabbath.  Ty 
unliccnfed  houfes  o{enterteinment,as  alio  ex  offieio  to  enter  any  fuch  hou-  ^^^"1  ^"^^^ 
fesj&difcharge  their  duty  according  to  Law, and  the  faid Tything  men  arc  P"*"^*^^ 
impowred  to  A  Ifift  one  another  in  their  feveral  precinfts,  and  to  aft  in  one 
anothcrs  precincts,  with  as  full  power  as  in  their  own,  and  yet  to  retain 
their  fpccial  charges  within  their  own  bounds. 

And  it  is  Ordered  that  the  whole  Fine  raifed  by  th*penalty  of  this  Law 
upon  delinquents  either  in  publick  or  private  houfes  (liail  be  remitted  to 
the  County  Trcafurer,  and  the  Tythmg  mens  allowance  made  payable 
from  him. 


FT    ^    /    5". 


Oath  of  Allegiance* 


61 


SEVERAL 


Laws  and  Orders 

%5\^a(Ie  at  the  [econd  Sefsions  of  the 

GENERAL    COURT 

Eeld  at  Boflon,  Oc'lobcr  z^-  i6yS- 

And  publiHied  by  their  Order. 

Edward  %m>[on  Secr. 


I  A.  B.  doe  truly  and  fincerely  acknowledge,  profefs,  teftifie, 
and  declare  in  myConfciencc,  before  Godandfhe  world  ,  that 
our  Sovereign  Lord  Km^Cbarlis  is  lawfull  and  riglitfuH  Kin^ 
oftheRealni)  of  £/f_f/4«</,  and  ofall  other  His  MajeftycsDotnt- 
iiions  and  Countrycs ;  and  that  the  Pope,  neither  of  himfclfjnor 
by  any  Authority  of  the  Church  or  See  of /Ta;??/,  or  by  any  other  means 
Nt'ith  any  other  ha 'b  any  power  or  Authority  to  dcpofe  the  King  or  to 
difpofeany  of  his  Majeftyc^  Kingdomes  or  Dominions,  or  to  authorize 
any  foreign  Prince  to  invade  or  annoy  Him  or  His  Coontrey,  or  to  dif- 
chargc  any  of  his  Subjcft*  cf  their  Allegiance  and  Obedience  to  his  Ma- 
icfly,  or  to  give  licence  or  leave  to  any  ofttiemtobear  Arms,  raife  Tu- 
mults.   or  offer  any  violence  or  hurt  to  his  Mjjdlyes  Royal  Pcribn, 

O  State. 


The  Osth  of 
Allegiance. 


6i.  ThcOathofAMcgiaiicf. 


State  or  Govcrment,  or  to  any  of  his  Majeflycs  SubjeA' within  his  Ma 
jeftyes  Dominions. 

Alfo  1  doe  fVcar  from  my  heart,  that  notwithftanding  any  Dechrj- 
tion,  or  Sentence  of  Excommunication  or  Deprivation  made  or  grjnted 
or  to  be  mad  c  or  granted  by  the  Pope  or  his  SucccfTors,  or  by  any  Au- 
thority derived,  or  pretended  to  be  derived  from  him  or  his  Sec  agamft 
the  laid  King,  his  Heirs  or  SucccfTors,  or  any  abfoliition  oflhe  /"aid  Sub- 
jcdlsfrom  their  Obedience,  1  will  bear  Faith,  and  true  Allegiance  to  his 
Mijefty  his  Heirs  and  SuccefTors,  and  him  and  them  will  defend  to  the 
uttermoft  ofmy  power  againft  allConlpiracyes  and  attempts  whatfo- 
ever,  which  fhall  be  made  againfV  His  or  Their  Perfons ,  their  Crown 
andDigniry  byre.ifon  or  colour  ofany fuch  Sentence  or  Declaration, 
orotherwifc;  and  will  doc  my  beft  endeavour  todilclole  and  make 
known  unto  his  Majefty,  his  Heirs  and  SuccefTors  all  Trcafoni,  and  trai- 
tcrous  Confpiracycs  which  1  (hall  know  or  hear  of  to  be  againft  Him,  or 
any  ofThem. 

And  I  doc  further  fwearjthat  f  doe  from  my  heart  abhor,  deteft  and 
abjure  as  impious  and  heretical,  this  damnable  Doftrinc  and  Pofition, 
1  hat  Princes  which  be  excommunicated  or  deprived  by  the  Pope,  may 
be dcpofcd  or  murdered  by  their  Subjefts,    oranyotiier  wharfocvcr. 
And  I  doc  believe,  and  in  my  Confcicnce  am  rcfolved  ,  that  neither  the 
Pope,  nor  any  Perfon  whatfocver  ,  hath  power  to  abfolve  mc  of  this 
Oath,or  any  part  thereof^  which !  acKnowledg  by  good  and  full  Autho- 
rity to  be  lawfully  miniftred  unto  me,  and  doe  renounce  all  pardons 
and  difpcnfntionsto  the  contrary.  And  all  thcl'c  things  Idoe  plainly  and 
fincerely  acknowledge  and  fwcar  according  to  thcfe  exprefs  words  by 
me  fpo>;cnj  and  according  to  the  plain  and  common  fcnfe  and  underflan- 
ding  of  the  fame  words,  without  any  Equivocation  or  mental  Evafion,  cr 
fecret  Rcfervation  whatfoever.     And  I  doe  make  this  Recogniticri 
and  acknowledgment  hearttily,  Villingly  and  truly  upon  the  trucFaith 
of  a  Cbriftinn :     So  help  me  God. 


WH'reat  it  hitihpkcfecl  hu  nofl  excellent  Majeflj  our 
Gratiotu    Ktr.g,  by    hit  Letter  henriftg   Date  the 
fwenty [event h  of  h^:'\\,  l6yS.  to  figtufit  hi%  Mojal 
ple^jfarifThjt  the  At.thorttj    of  thu  hu  Colony  of 
MafTachufets  in  New-England,i^o^/ff  /«?/.•  Oraers 
th:!t  the  Oa:h  of  Allegiance  as  it  is  hy  L'tiv  eftebJifhid 
trith'ti  his  Kitt^iome  of  Enghni^lie a J-vi/iifireJ ^>tcl  tA^f"  h  itH his  Subject 
,     tfit^inthis  CoLnj^ivkoarc  of  years  tJta\e  anOath: 
tiie  oath  of  *      '"  Obedience  whercunto,  and  as  a  demonftration  of  our  Loyalty ", 
/^.lle&idncc.  It  is  Ordered  and  Enaiftcd  by  thisCourt  and  the  Authority  thereof, 

that  as  the  Members  of  this  Court  now  fitting  h.ivc  readily  taken  the 
Oath  of  Allegiance,  fo  by  thtir  Example  and  Authority  they  dore- 
»|uire.and  command  thr.t  the  fame  Oath  be  given  and  taken  by  allhis 
MajeftiesSubjeas  within  this  Jurisdiftion.  that  are  of  fixtecn years  of 
Age  and  upwards.  And  to  the  end  this  Order  be  duely  executed.  It 
is  hereby  Ordered,  that  a  convenient  number  of  printed  Copies  of  the 
faid  Oath  ofAllegiancc,exaaiy  agreeing  with  the  written  Copy  Indofed 
in  his  Majeftics  Letter,  aiid  figncd  by  the  Secretary  of  State,  be  fent 

forth 


T  R  E  ■^  so  N     pim[h(d ^mth  Deab, 


foTtn  un  to  every  Magiftrare  and  Juftice  ol  Peace,  and  to  the  Conftablc 
of  every  Town  within  rhis  JurisdiftiQti.. 

And  It  IS  farther  Ordered  thar  thcMagldrates  and  Juftices,  or  fuch 
asarc  CommilTiuned  With  Mjgiftraiical  Authority  in  every  County  of 
thii  Colony  do  svitti  allconvinicnt  fptcd  repair  to  the  fevcrai  Towns 
and  Villages  witnin  this  J  urisdifiron,  ?.t  fuch  time,  and  in  fuch  order  as 
they  beft  may,  and  accomphfh  the  fame j  giving  forth  their  warrent  to 
the  ConflabJes  of  each  Town  to  convene  all  the  Inhabitants  of  tf^c  Age 
abovcfaid,  and  taking  rheir  names  in  writing,  adminifter  the  faid  Oath 
of  Atiegrance  ro  each  of  them,  and  rctnrn  their  Names  to  -lie  Recorder 
of  each  Cuunry  Coart  ro  ne  enrolled.     And  ifanyfball  refufero  take 
thefaid  Oath,  orabfenc  thcmfelvcsuntefs  in  cafe  of  ficknefs,  the  Names 
of  fjcii  fhall  be  returned  to  the  Recorder  of  the  County,  who  are  to 
be  proceeded  agamft  by  the  County  Courts  rcfpeftivcly,  forthe  5rft 
OlTence  whereof  he  is  legally  convicted, to  pay  fuch  a  Fine  as  the  County 
Court  (hdll  impoic,noc  exceeding  five  pouncis,  or  three  Moncths  Impn- 
fouinent  m  the  common  pnlbn  or  houfe  of  Ccrrcftion  :  And  for  the  fe- 
cond  offence  wliercof  he  (haJl  be  lawfully  convifted,  what  fumme  the 
County  Court  fOiall  inflidt,  provided.it  exceed  not  ten  pounds,  or  Cix 
Mcnccbs  Impiifonoient  without  Baile,  or  Main-prife. 


7*  teinrtheDHtfas  Vcell  as  thf  PnB  icetf  all  good  SuhySts  tn  pri- 
vUeJorthi  faftrj  and  fecnrity  ef  the  Perfon^  Crotftt  and  Di^miy 
of  their  SDViratgrt  Pnnoes^  *'^i^  Court  i^cingfenjibh  of  their  dftty 
and  obligation  to  our  Sovereign  Lord  the  Kinv^ 

Do  hereby  Order  and  Ena^,    that  whatfoever  Perfon  within  this 
7jrisdtQion  niall  compafs,  imagine  or  intend  the  death  or  deftruftion 
of  our  Sovereign  Lord  the  King  (whom  Almighty  God  prefervt  with 
a  long  and  profperous  Reign)  or  to  deprive  ordcpofc  him  from  the  trcafoa  pn- 
Soie,  Honour  or  kingly  Name  of  the  Imperial  Crown  ofEngland,  oryf  n.lhed  with 
any  other  his  Majeftycs  Dominions-,  and  fuch  compafRngs,  imaginations  Death. 
Dcviccsor  intentions  fhall  exprcfj  utter  or  declare,by  Printing.Preach- 
ing  ormalitious  &advifcd  fpeaking.bcmg  legally  convicfted  thereof  up- 
on thcOathesoftwo  lawful!  and  credible  WitneffcSjUpon  Trial  orothtr- 
wife  convidted  by  due  courfc  of  law,  then  every  fuch  perfon  or  perfons 
fo  offending    (hall  be  declared  and  adjudged  to  be  Traitors,  and  fnall 
fuffer  the  pains  of  Death. 


J  ^^   '^  Oidered  by  this  Court  and  the  Authority  thereof,  that  in  all  precedencv' 

nye    'T'''"' "^'^^'"^'^'^  J"'''s<li'^^io">  where  there  fhall  be  more  Compa-  of  "ojinpa- 

th   p        *"""'  ^^^  pJ'cccdency  of  fuch  Companycj  (hall  be  according  to  nyes 

c  ^uouzs  of  the  Capc^i^i  Cummiliion.  To^vi 

G  3  foe 


m 

ns 


6 


'^  darks  DirsEiim^  Export^hnaf  Provifon: 


Dircn'm  for  Chrk^  of  the  WfittSi 

FO  R  the  afcertaining  the  powes.'  of  the  Clarko  of  the  Writts,    It  h 
Ordorea  ibat  all  UerKb  01  the  WnUofhaHBgn  Warrants  only  in 
WntKDjic.  '■'''^  Io\'v5»  anci  places  where  tney  arc  chofcn  and  refide. 
tUn.  2,.     liJAt  ail  Wntts  fo  figoed  ihall  pals  in  all  Courts  of  Judicature 

thioughoiit  Jhe  Colony  they-  iigniiig,  A'B'por  Cffritim,for  (he  torvn  «/  C 


Tlie  law  for  *Tr  '^'^'^^^  ^C\r\g  a  Lav9  ittade  in  Oflch.  \  675.  ptobibiting  the  expor- 
cxjioi  taticn  A  ting  of  sl]  '.orts  of  provjfion  ^  which  faid  Law  was  to  ftand  in  force 
ofpiovifion  only  during  she  Coiutapleafujc,  which  this  Court  havjng  confidercd 
rcpealccL      ^^  j^,,  g^^j  icafon' judge  meet  hereby  to  repeal  the  faid  Law. 


F  I  Jsf  I  S, 


Q05 

Retailing  ftrong  drink  at  Trafnbgs  prohibited; 


65 


SEVERAL 


Laws  and  Orders 


Aiade  atthe  firfi  Sejpeas  cfihe 


GENERAL    COURT 

Held  at  Boj}on^  Mtij  i%.  1679,  and  pv)b;ifhed  by  their  Order. 

EdvBard  %i)vJon  .Secrecary. 


W  Ha  Cos  then  is  anahufive  and  evil  pmflke  taken  up  in  /i- 
vcral  placet  ffthit  Colory^opoft  Training  drvf-.s^cri  put  lick, 
or  frivatfy  Or  ether  pHblick^C<invtniiiiAj  o( People  i^ponciviL 
cccofions,    divsrfc  pirfont  t^kjn^  liberty  to  bneg  ivte  th 
fjilci^     and  other  places  nearfuch  concourse  of  piopte,  confide- 
rable  cjHaKtityesofnine^  pfon^   lisiftr,  Cider,  and  ether 
mtrinyosg  Drinkj,  having  r.o  lictnfe/oto  doe,  wherehi  rnany  People  loih  Enntt/l 
imd  In^imts  iht  coma  to  fuch  Metiings,  as  ^iell  ai  Seuldiers,  commit  mjny  dif- 
orders  of  Driiitk^nntfsa  fight  in j^  mglcEh  ofdut)  ,  drf.  for  prevention  whereof. 

It  is  Ordered  by  t'ljs  Couriar.d  the  Authoriry  thefcof,  that  hcnceforfS 
EoPerfonuhatibeverflia:!  prcfurac  to  bring  into  the  field,  and  fell  by  re  ail 
upon  fuch  occafions,  any  Wine  Rrong  Liquor,  Culer  or  any  other  iflebriatiiig 
Drink  (excepting  Eccr  of  a  pen/ a  quarc)unlcfshe  or  they  fo  doing  have  q^j^^      -^^^ 
licer.fe  from  the  hands  of  tvNO  Mag/Rrates.  or  chc  chief  Military  Officer  cr  biting  rcull' 
Offi'.crsiiuhe  Field,  uponpcnnlty  of  lorfeiting  all  fjch  fuong  Drink,    and  ing  rtfonij 
paying  a  Fi.ieoffivc  pounds,  one  half  to  the  Informer,    the  otWhuir'to  the  Rr'n'^acTrai- 
Councy  Treafury.       And  ic  is  fufther  Ordered,  tliat  the  Conftablcs  of  the  "'"^^ 
TovMi  l^he^c  luch  meeting  rs,  are  Ordered  and  rcf|uired  Aikh  a  meet  compa- 
ny to  guard  him,  (hall  by  Warrant  from  the  chief  O^i.-Cr-.    {c('e  -ipon  .<I1 
ftrongLi.|uors  Wiiie,  Oder,  or  otoer  .^mng  Drr.k,  jnd  Jifpolcof  .i>r  i^m. 
asthisLawdircOi. 

p  n 


f'S  Training  Dsycs.     SizeofBricks   &c. 


I 


Four  daves 


T  is  Ordered  by  this  Courr  (for  the  cafcmenr  of  the  Country)  that  rbc 
ordinary  Trainings  of  Foot  and  Horfc  be  reduced  to  four  dnycs  in  the 
ycar,any  Law,  Cuf^omc,  or  Ufar^c  to  the  contr  sry  notwithftanding  ,•  unlets 
Four  caves      the  Commifiion  Officers  of  each  Company,  in  every  Town  rdfciflivcly,  f]nall 
■unlefs  £;c  "     ^^^  caufe  to  draw  forth  and  excrcifc  their  Cornpanics(affer  the  four  1  raining 
dayes  enjoyned  be  expired)  one  or  two  c'aycs  more,  which  they  are  allowed 
and  impowred  to  doc. 


IT  is  Ordered  by  this  Court  and  the  Anthoriry  thereof,  that  clay  to  make 
Bricks  (hall  be  digged  before  the  firft  of /VoTfw^^r,  and  turned  over  in 
a-k^  ou  pc-  ^eMoneth  o\  February  zxv^  AlAxch  cnfujng  .^  moneth  before  it  be  wrought^ 
Qslfj,  and  that  no  Perfon  temper  their  BricJis  with  fait  or  brackifh  water.;  and  that 

the  fize  of  Bricks  be  nine  inches  long,  two  and  a  quarter  inches  thick,  and 
four  and  an  half  inches  broad-,  and  that  all  moulds  ufed  for  making  of  Bricks 
be  made  according  to  thefe  fizes,  and  well  fliod  nith  iron  :  And  what  perfon 
or  perfons  foever,  fhall  make  Bricks  in  any  rcfpeft  contrary  to  this  Order,  in 
thefeveral  particulars  of  it,  fhall  forfeit  the  one  halfoffuch  Bricks  to  the  ufc 
of  the  Treafury  of  the  Town  where  they  are  mads. 


"Penalty  for  A  S  en  aiiiUoi*  to  xkc farmer  La'^Ht.Ji'filitArj,  It  is  Ordered  by  this 
Foot-fouldiers -ZA.  Court  and  the  Authority  thereof,  that  every  FootSouIdier  that  is  a 
abfence  from  Delinquent  on  a  Training  Day,  (hall  pay  for  each  dayes  delinquency  five  (hil- 
Trainings.       \m^  in  money,  or  ten  fhillings  per  Day  in  good  merchantable  commodities, 

orGrain  a;,  the  Country  Rates  or?  paid,to  be  levied  by  ?heClarkofcachCom- 

pany  as  the  Lawdircfts. 


IT  isOrdered  by  thisCourt&theAutbority  thcrcof,thaf  all  fiflicrmen  that 
are  fhipt  upon  a  winter  &  fpring  voyage. (hall  duely  attend  the  fame,  ac- 
,  —  cordingtocuftomeor  agreement, with  refpeft  to  time.  And  allFifhermcn 

,ng  i  ra  e.  that  arc  (hipt  upon  a  Fifhing Voyage  for  the  whole  Summer ,fhall  not  prefume 
to  break  o.Tfrom  their  Voyage,  before  the  laftof  OSo^fjWitliout  the  confent 
of  the  Owner,  Matter,  and  Shear  men,  upon  the  penaJty  of  paying  all  Da- 
TTiages. 


VTo«  Complaht  of/undry  Inconvenitftccs  and  Prejudice  ariftn^  h]  the  Lavt 
entitled  Debts  by  Book,  if  put  in  execution :    Vi-hich  Law  hath  upon  /undry 

petition  J  from  time  to  time  been  fifpendcd.  &  now  amn  hj  donger  (xmrknce  found 

Law  about     ',  j.-./ 

Book  debts      to  be  very  detrimental, 

repealed.  This  Court  onferious  confidention  hereof,  and  what  elfe  is  prefented, 

fees  caufe  to  repeal  the  famej  and  by  the  authority  hereof  it  is  hereby  repeal- 
ed to  all  intents  and  purpofes. 


W  Hither  if  a  Town  fee  good  to  implead  any  Perfon  in  a  courfe  of  Law, 
and  make  their  Vote  to  that  end,  and  chufe  their  Atturney,  it  be 
^^oeition  re-  not  fufficient  Legal  Atturneylhip,  and  to  be  allowed  in  Court,  the 

fol\  'd  as  to     faid  Attutncy  brinping  r.  Record  of  the  faid  Order  or  choice,  figncd  by  the 
Letters  of  At-  ^^^^  of  the  Rtcordu  of  the  Town,  though  there  be  no  Seal  asm  other  Let- 
toniey  from  a  ^^^^  ^^  ,'Vtturnc"  ?      This  Quefticn  was  refol  ved  by  the  Court  on  the  atfir- 
tnativc.  "'^^''^ 


Mc«infi.hojfesnotto.beeTc5edvvi»bout  C/inrent  otAutnonty.    ^ 


Order  for  lifting  Troopers. 

WHmas  Complaints  are  made  ts  this  Court  that  fcver^l  f«ot  Campanjet 
aredifcotiragtdandweal^ed,  kjfre^jue^t  UPingthnr  befi  Sculdttrstnto 
Trocps    (Hehtrcby  tht  Jnfanirj  related  tht  chie(  firtni^th  of    the  MflUn  xn  any 
CoJirj )  arc  lih  to  ye  VtrjfcM,  a^dth,,  error  ar,(rs  (rem  the  mtlca^firuingoj ^. 
Law  direainrtletlfilng  ofTrmpcrs,whichfairby  ihairo perfonfhall ^,/f-  unUfi.he 
.ayfcrortchundrdpound.elintc  in  a  fngk  Country  rat.,  and  bt  other ^ap  swell 
'afieed      Bnt  the  praaijr  u:  different  from  the  laff(.asu  conceived,)  for  Con- 
Qdles  givini  Certificate  tha:  J»ch a  perform  papain  <!.  fin,J,Counp  Ratyight 
%Mng^four%r.ce.  .r,cb:a,ng  thmtn  heads  of  Hf-r^/f  "I-"  ''"^r'fTu    £  i4  iZg 
theC%tMnofthtTroof  lyflsthe  yerfon  Certtf^ed,  okJ  fo  as  ,t  i^  apprehended  the  ^(jf^^^rf. 
raw  u  not  attended.     For  prevention  whereof,  •  ^      .^ 

It  IS  Ordered  that  no  Conftable  (hall  ^ive  Certificate  to  any  perfon  delj- 
Tine  to  h/ft  a  Trooper,  unlefs  the  faid  perfon  pay  hcna  fide  in  a  fingle  Country 
Rah:  for  one  hundred  pounds  eftate,wThout  refpsft  to  poll  money  art!  alfo  no 
ftich  Foot  Souldiec  Oiall  lyft  in  any  Troop,  unlcfs  he  have  a  Certificate  from 
the  Major  of  the  Regimenr  under  his  hand,  that  be  is  a  fit  perTon  and  hath  ob- 
teined  the  confeni  ot  the  Commifiion  Officcrsof  the  Foot  Compauy  whereun- 
to  he  belongs,  or  the  major  pun  of  thera,  &c. 


Meeting  Houfcs  not  to  De  erefted  without  Licenfe. 

FOrafmuch  as  it  hath  toe  often  happened  that  through  diff'erettces  orifing  it\fcvf 
ralFoivnij  and  on  other  pretences  thare  hath  been  Attertipi  s  bj  fame  perfons  to 
ereii  new  meeting  houfes  although  on  prttence  of  the  piiblick.  ^orjhip  of  God  on  tha 
t,o'i:  daycs  ^  yet  thereby  l^ing  a  Foundation  (  if  not  for  Schifme  andfcdudion  td 
trror  and  herefie ')  for  perpetuating  diviftont^  and  weak^nin^  fuch  places  where 
they  d^ellin  the  comfortable  fupportof  the  Minifirjf  orderly  fttled  amongfi  them. 
'•or  prevention  whereof  for  the  future. 

It  is  Ordered  by  this  Court,  and  the  Authority  thereof   that  no  perfons  p^^aitv  for 
whatfoever  without  the  confent  of  the  Freemen  of  the  Town  where  they  erefting  new 
Hvc,  firft  orderly   had  and  obteined  at  apublick  meeting  aflerabled  for  Meeting:, houC- 
that  end,  nnd  licenfe  of  the  Cciinty  Court ;  or  in  defeft  of  fucb  confent  and  "  without- 
licenfe  by  thefpecial  order  of  the  General  Court,  fhaller^O,  or  make  ufe  of  A'th"ritv 
anyhoufeasabovefaJd.    I'lnd  in  Cafe  any  perfon  or  perfons  ftiall  be  convid- 
ed  of  tranfgfeffihg  this  Law,  every  fuch  hcufe  or  houfiK  wherein  fuch  perfons 
(ball  fo  meet,  njnre  then  three  times,  with  the  I^and  whereon  fuch  houfe  or 
houfcs  (Lind,  and  aU  private  waycs  tending  thereto,  (hall  be-forfeited  to  the 
life  of  the  County,  and  difpofed  of  by  the  County  Treafurer,  byialeordc- 
moUjflilDgi  as  the  Court  that  gave  Judgement  in  the  Cafe  fhall  order. 


FOr  the  greater  Comfort  arJfafety  of  alt  peop/i  who  are  intended  to  refettlethe 
f^illeg(S  deftrtedttt  the  tatirvarj  or  the  plaating  any  netv  Plantation  within  Oriot  duett' 
this  fur  ted:  CI  ton.  iog  fr,e  fett>»- 

It  is  Ordered  and  Ena&cd  by  thi^  Court,  aWd  the  Authority  thereof.  That  S-d^'^or 
no  deterred  Town,  or  ne-^v  Plantation  (Tiall  be  inhabited,  until  the  people  firft  New'Viaata- 
nvikfc  application  umo  the  O  O  V  E  R  N  O  U  R  and  C  O  U  N  C  I  L.or  to  the  botu. 

F  -  Cuumy 


0  8  An  abatement  of  the  frfipofttnRhum. 

County  Courts,  within  whofc  Jiirisdiftion  fucb  Pliintation  is.  And  the  Coua- 
cil  or  County  Court  areliCTtby  Ordered  and  Impowred  to  appoint  an  able  & 
difcrrct  Committee  Cat  the  chapge  of  the  people  intending  to  plant]  which 
Commitfec arc  Ordered  ?Tid  Impowred  to  view  and  confidcr  the  place.or  pla- 
ces to  be  fetledj  and  give  dircftions  and  orders  in  writing,  under  llieir  hsnds, 
in  what  form  and  manner  f\lch  town  fhali  be  fctled  and  crefted  where- 
in they  sirtrequired  to  havC  a  principal  refpcft  to  ncarncfs  and  ccnveniency 
of  habitation  tor  feairity  agafhft  Enemyes,  and  more  comfort  for  Chriftian, 
Communionand  enjoyment  cf  Gods  worihipj  and  education  of  Children  ia 
Schools  and  Civility,  with  other  good  ends.  And  all  fuch  planters  arc  hereby 
Injoynod  to  attend  and  put  In  prafticc  fuch  •orders  and  dircftions  as  (hall  be 
given  by  fuch  Comniittee  upoh  the  penalty  ofonc  hundred  pounds  Fine  to  the 
Country,to  be  infli^ed  upon  them  by  order  of  the  Counciljor  County  Courts 
for  their  negleft  or  rt-fuftl  to  attend  this  order. 


los.per  hogf-  "WX'r  Ordered  thst  from hencelorth  an  abatencntof  the  Import  upon  Rhum 
headabated  ^  |    be  made  often  (hillings  pir  Hogshead,  and  that  two  pence  he  added  by 
Kb^nir^  °         '^^  ^^^  "P^"  *"  ftrong  li<^uor  that  is  rctayled  by  Icfs  quantities  thciv 
ren  Galloasat  oiic  tim?. 


F   I    S'i    I    s. 


Sdhtitb.  Niv  BmUtngSi 


60 


SEVERAL 

Laws  and  Orders 

Mddcatthcfccond  SclHonsofthe 

GENERAL    COURT 

Holdcnat  BOSTON  Ortob.  15.  1679.  and  Printed  by  their  Order, 
EDWARD     RAfySON    Seer. 

FOr  the  prevention  of  the  profanation  of  the  Sabbath,  and  dlfordenon  Sd' 
turdaj  night  bj  Horfa  tnd  Carts  fjjpng  late  out  of  the  To'ien  of  Bo' 
U  is  Ordered  and  Enafted  by  thisCoart  •,   That  there  be  a  Ward  Order  to  pre- 
from  Sunfet  onSatifrday  night,  until  nine  of  the  Clock,  or  after,  ;^^^j^^°'^"'' 
conlifting  of  one  of  the  Selcft  men.  or  Conftablc  of  Bofton,  with  two  or  more  &' 

meet  pcrlons.  who  (hall  walk  between  the  Fortification  and  the  Towns  end,  and 
upon  no  pretence  whatfocverfuffer  any  Cart  to  pafs  out  of  the  Town  after  Sun 
fet  nor  any  Footman,  or  Horfcman  without  fuch  good  account  of  the  ncccffity  ot 
hisbufmcls,  as  may  be  to  their  fatisfaftion  •,  And  all  perfons  attempting  to  ride 
or  drive  out  of  1  own  after  fun  fet  viilhout  fuch  rcafonablefttisfaftion  given.fiialL 
be  apprehended  and  brought  before  Authority,  to  be  proceeded  againft  as  Sab- 
bath breakers,  and  all  other  Towns  arc  iropowred  to  do  the  like  as  need  fliall  be. 

THis  Cenrt  having  a  fenfe  of  the  great  Ruines  in  Boflcn  hj  Fire,  and  bazerd 
fiill  of  the  fume  b)  reafon  of  the  jojnmg  and  tuarntfs  tt{  their  huildingt  /or  pre: 
^eniinnof  damage  and  lofsthertbj  for  future.  .     j-  •      „ 

Do  therefore  Order  and  Enaa-,  That  henceforth  no  dwcDing  houfcin  Bo- 
flon  Oiail  be  crefted  and  fee  up.  except  of  ftonecr  brick,  and  covered  vvith 
Slate  or  Tylc,  on  penalty  of  forfieting  double  the  value  of  fuch  buildings,  unlefs 
by  allowance  and  liberty  obteined  othervvifc  from  the  Magiftrates,  Comrnifii- 
oneriandSc!camcnof^o/?(>»  or  major  part  of  them-.  And  further  the  Sele£t 
men  of  Bofton  arc  ficrcby  Impowrcd  ro  hear  iind  dctcrmme  all  Concroverfics  a- 
bout  proprietycs,  and  rights  of  any  pcrfon  to  build  on  the  Land  wtiereia  now 
lately  the  houfmg  hath  bcc.i  burnt  down,  allowing  liberty  of  Appeal  fcr  any  per- 
Ion  gricped  to  the  County  Court. 

^  Q.  It 


New  Buil- 
diagsin5<!/?cB 
to  be  Stono 
or  Brick. 


0*70 

"70  Tyrhwg  Men, 


I 


"Tis  Ordered  by  this  Conn  and  rfic  Aiithorfty  thereof,  that  henceforth  the 
Selefi:  men  ofcach  Town  take  care  that  Tythjng  "men  be  Annually  chofcn  in 
their  feveral  prccmfts  of  their  moft  prudent  and  drfcrect  Inhabitants,  and  fworn 
to  the  faithful  difdiSKge  of  iteit  crufi  (where  no  Magiftrate  oi  Commillioncrs 
Tything  men     arej  bctore  the  Seleft  men  of  tbc  pace,  and  the  faid  Ty  thing  men  are  required 
iob=annudlly    diHgcntly  to  jiifpeft  all  houfo?  ticcnfed,    or  uniicenfed,  where  they  fliall  have 
*•'"  ^'^'  notice,  or  have  grpund  to  fufpeft  that  any  perfonor  perfons  do  fpcnd  theic 

time  or  Eflattt  by  nigbt  or  by  day  *,  in  Tipling,  gaming,  or  otherwiCc  unproff- 
tabiy,  or  do  fell  by  recayle  within  dofes  or  without  ftrong  drinii,  wise,  ale.  Ci- 
der, Rhura,  Brandy,  Perry,  h'lathfeglin,  &c.  without  iicenle,  and  into   laid 
boufes  where  fuch  dilordersfhall  fay  them  be  found,  th«y  may,  and  are  hereby 
required  and  impowred  to  enter  into  and  make  fearch  in  their  Cellars,  or  any 
other  places  within  or  about  ihe  fame  where  they  may  t"iifpeft,  or  have  non'cCi 
tkat  wines,  flrong  beer,  Ale,  Cider,  Perry,  Matheglin,  Rhum,  Brandy,  &c.  are 
lodgeJ  J  and  in  cafe  they  fhall  find  any  quantity  of  either,  whereof  the  Owners 
do  not  give  faid  Tything  tnen  a  fatisfaftory  account  of  their  having  the  fame, 
any  three  of  them  agreeing,  they  fhall  by  Warrant  from  any  Magiftratc,  or 
Commiflioners  invefted  with  Magiftratical  power,  or  (where  no  Magiftrare  is 
within  five  miles  of  i;he  place}  they  (hall  without  Warrant  requiring  the  aid  of 
the  ConftabFe,  feize,  carry  away,  and  fccure  all  fuch  wines,  ftrong  beer.  Ale, 
Cider,.P?rry>  Math eglin,  Rhum,  Brandy,  &c.  and  prefent  an  Account  thereof 
With  riie  names  of  the  perfons  fi-om  whom  tbey  took  it  to  the  next  Magiftrate, 
or  CoromiflTioner  ofthe  Town  where  any  be  that  are  inverted  with  Magiftratical 
powejr,  Who  may,  and  are  hereby  impowred  to  proceed  againft  iaid  delinquent 
paityes,  and  difpofe  of  faid  wines,  ftrong  Bcerj^c.  as  to  them  Ihail  fccm  meet; 
andifforvajueoiorethen  ten  pounds,  they  are  then  to  bind  faid  partyes  over 
to  the  County  Court,  tp  be  there  proceeded  againft  as  the  Law  dircfts.     Inall 
which  Cafes  full  recompence  thai!  be  made  to  the  Tything  men,  and  other  Offi- 
cers for  all  their  care<  trouble  &  expences  in  fearching  and  fecuriug  faid  goods, 
and  the  remainder  ofthe  Goods  leized.  or  value  thereof,  where  the  Magiftraie, 
County  Court,  or  Commiffioners  Court,  that  have  orderly  Cognizance  thereof, 
lha(l  not  fee  reafon  to  return  the  fame  to  the  partyes  from  whom  it  was  tiken, 
the  foms  fhall  be  put  into  the  County  Trejfury. 

Alfo  the  Tythingmen  are  required  diligently  to  infpeft  the  mannef  of  all 
diforderiy  pcrfons,  and  where  by  more  private  admonitions  they  will  not  be  re- 
claimed, they  are  from  time  to  time  to  prefent  thcirnames  to  the  next  Magi- 
ftr?.te,  or  Commiilioner  invefted  with  Magiftratical  power,  who  (hall  proceed 
againft  them  as  the  Law  djrefts,  as  aifo  they  are  in  like  manner  to  prefent  the 
names  ofallfingleperfons  that  live  from^uhder  Family  Government,  ftubborn 
and  diforderiy  Children  and  Servants,  night-walkers,  Typlers,  SabSath  break- 
ers, by  night  or  by  day,  and  iuchasabicntthcrafeives  froraths  publick  Wor- 
fhip  of  God  on  the  Lords  dayesj  or  whatever  elfe  courie  cr  ^jraccicc  of  any  pcr- 
fon  or  perfons  whatfoever  tending  to  debauchery,  Irr,'iigIon,  prophanefs,  and 
Atheifm  amongft  us,  whether  by  omiflion  of  Family  Government,  nurture  j  and 
religious  dutyes,  and  inftniftion  of  Children  and  Servants,  or  idlcjproi'^igate, 
uncivil  or  rude  praftices  of  any  fort,  the  names  of  all  which  pericns  with  the 
faft  whereof  tkey  araaccufed,  and  witncffcs  thereof,  they  fhall  prefent  to  the 
next  Magiftrate,  or  G/niniffioaer,  where  any  are  in  the  faid  Town  Inverted 
withM.igiftraticai  power  who  shall  proceed  againft  and  pun;ih  all  fuch  mifde- 
meanours  by  Fine,  imprifonmeat,  or  binding  over  to  the  County  Court  as  the 
Law  directti. 


\f\THcrf'H  jou     A     B.  are  chofin  a  T}thin£-man  within  iht  Town  of  X). 
V     V    for  one  jeary    until  others  be  chofen  and  fy)nrM  in  pur  resm  nndftia<if 
^ou  do  here  f  wear  bj  the  living  Cod  that  jm  ^tll  diligently  endeavour^  and  to  the  ui-  Ty  thing  Me- 
jwo/?  of  jour   /Ibiluj  perform  and  intend  the  duty  of  your  place  according  to  the  far- 
\icuUri  fpecifiedin  the  La\Ks  peculiar  to  your  Office,  So  help  you  Cod. 

iT  is  hereby  Ordered,  that  henceforth  no  Ordinary-keeper  ihaU  have  any  ^  .j 
aaion  or  recover  any  debt  that  ftiall  hereafter  be  made  by  any  Inhabitant  for  keer^n'pc- 
any  fort  of  drink,  or  Liquor  fold  to  fucb  Inhabitants,  and  that  the  faid  In- keeper  naity. 
befides  the  lofing  of  his  Debt  fljall  upon  Convidlion  before  any  Magiftr^te  or 
perfons  Authorized  in  fuch  a  cafe  forfeit  the  fum  of  five  (hillings  in  money  to  the 
County  where  the  ii(X  is  committed  for  evexv  fuch  ofTsnce  or  Aft. 


His  Court  being  informed  that  many  perfcnj  do  not  appear  and  attend  Military 
Exercifes  in  the  places  to  )»hich  thej  did  of  long  time  hekng,  and  being  called 


T     .      . 

upon  for  their  def (Eli, give  Anfwey  that  they  are  removed^  when  indeed  icing  young    5°"''^'S'"S 
men,  and  u'nwiliing  to  he  confined  to  axj  certain  place  they  move  back^ward  and  for-    whe"  ^t 
rtard,  andfo  perform  duty  at  no  place.  tend  Military 

Doth  hereby  Order  and  Enaft.  that  when  any  perfon  is  cntred  and  belongs  Serricc.&c 
to  the  M.litary  Company  in  one  Town,  he  (hall  not  be  at  liberty,  or  cfcapc  du- 
ty in  faid  place  till  he  bring  a  Certifica;e  from  the  chief  Officer  of  the  place  to 
which  he  removed,  to  the  chief  Officer  of  tlic  place  from  whence  he  removed 
that  he  is  cntred  in  their  Lifts  and  taken  notice  of  as  one  of  their  own  men,  fo 
that  he  may  be  in  a  way  of  duty,  and  until  that  time  the  remover  to  be  lyable 
to  duty  in  his  firft  place,  and  to  fatisfy  by  diftrefs,  or  fuits  the  demands  of  the 
Commander  or  Clark  according  to  proponion  of  former  Laws. 

'\r'\THereat  there  ism    declaration    made  by  this  Coyrt  Vphat  ffiaS  h  tw 
V       V  ken  for  an  Alarum  in  the  day  timet  and  by  reafon  of  the  variety  of  occafi- 
ons,the  ftgnals prefcriied  for  anight  Alarum  Vfould  be  full  of  uncertaintyet  in  the 
day,  efpecia/lj,  to  Neighbour  Towns.  Oirferabout 

It  is  Ordered,  that  befidcs  the  above  faid  ngns  or  lomc  of  them  given  in  the  Alarms, 
placewhercthe  Alarum  is  firft  taken  or  made,  there  fhall  be  a  MefTcngcr  or 
MefTcngers  fent  to  the  neighbour  Towns  by  the  Committee  of  Militia,  or  fome 
of  them,  and  dircfted  to  the  Committee  of  Militia  ,  orfomc  of  them,  whence 
Afliftance  is  defired,  who  crying  ^-w.  Arm,  &c.  (liall  bean  Alarum  to  all  fuch 
places,  and  thereupon  all  the  Souldiers  of  that  Town  Oiall  be  bound  immediate- 
ly to  repair  to  their  Colours,  and  then  attend  further  Orders  fent  by  writing 
ox  byword  by  a  fufficient  MefTenger,  and  all  this  under  the  penalty  of  five 
pounds  a  man  for  every  defcdl. 

IT  is  Ordered  by  this  Court  and  the  Authority  thercofi  fhat  all  Ships   ana 
VcfTcIs  above  twelve  Tuns,  (except  the  Confederates  of  this  Colony)  that 
trade  within  our  Ports,  belonging  toother  places,  or  that  the  greater  part  of  An  Order  for 
the  Oivnersthereof  arc  not  Inhabitants  of  this  Jurisdiflion,  (hall  pay  one  fhil-  i2J;frTunof 
ling  in  mony  for  every  Tun  of  burden  they  are  of,  every  Voyage  they  make  hi-  '"  Veflels  j- 
ther  i  towards  provifions  for  publick  Fortifications,  which  is  to  be  paid  to  Mr.  '^^^  12.  Tun. 
P.iul  Dudley  for  the  Ports  of  Boflon  &  Cbarls-Town.  Mt.HiHiard  Feren,Stn.for 
the  Ports  of  Salem  and  Marble-head,  Mr.  Richard  Martin,  fov  PiTcatacjua,  or  fo 
whom  they  fliall  depute  under  their  hands, and  in  cafe  the  Ship  Mafter  or  Com- 
mander of  any  fuch  Ships  or  VefTds  fhall  rcfufc  upon  demands  to  pay  the  fame, 
it  fhall  be  lawful  for  the  faid  Gentlemen,  or  any  one  of  them  to  fend  forth  their 
Warrants  to  any  Marfhal  or  Conftablc  to  diftrain  for  the  fame,  with  the  charge 
thereof  uponthc  Goods  of  fuch  Mafter  or  Commander,  or  any  oncofthc  Ap- 
purtenances of  their  VefTels.  and  the  Gentlemen  above  appointed  fhall  be  ac- 
countable to  the  General  Court  when  called  thereunto,  for  what  they  fhall  re- 
ceive by  virtue  of  this  Order,  and  are  to  deliver  the  rrony  they  have  in  their 
hands  once  every  year,  or  oftner,  unto  the  Surveyor  General,  excepting  one 

Q  i  IhiUins 


■za 


72- 


Sabhath,  Drummer},  ^e^on  yejjolved.  Weights  and  mtafares^ 


ConRables  to 
read  tlie  Laws 
of  the  Sabbath 
in  all  Towns- 


Orfer  about 
Drummers, 


fhillingontof  every  twenty  fbilljngs  they  (liaH  receive,  which  ffia"  be  allowed 
them  for  defraying  the  nereffary  charges  rhereabcas,  and  the  forrnc?  Law  of 
fix  pence  fir  Tun  is  hereby  repealed. 

IT  is  Ordered  by  this  Ck)urtand  Authority  t^crcof,  that  the  Law  with  re* 
fpeft  to  Mintfters  reading  the  Laws  refpefting  the  Sabbath  onct  in  tbc 
year  publickly  upon  the  Lords  day  be  henceforth  repealed. 

It  IS  further  Ordered,  that  the  Conftableor  Town  Gierke  of  each  Town  per- 
form the  fame  upon  foroe  pubiick  meeting  of  the  Inhabitants. 

UPo»  Complaint  from  fcveral  Commktees  of  the  Train  Bmds  that  their 
Drummers  refufc  to  attend  their  duty,  aad  villtay  doVen  their  p/dCM,  «»- 
lefs  hiredj,  and  that  too  at  unreafonable  Rates. 
This  Court  doth  therefore  Order,  and  be  it  hereby  Ordered  and  EnafVed; 
That  any  Drumroernow  in  place,  or  belonging  to  any  of  the  Companyes  jn  this 
Jurisdidtion  that  fhall  defertthe  fiiid  fervice,  or  lay  down  bis  place  during  his 
abode  in  th^;  Town,  unlefs  regularly  difraifled  by  the  chief  Officer  or  Officers 
of  the  Company,  (or  in  cafe  of  juft  complaint)  by  the  County  Court,  (ball  for- 
feit forty  p::!iin7s  in  mony  to  be  Icvyed  by  the  Clerke  by  Warranifromthe 
chief  Officer  offaid  Company  ,and  for  future  it  fhall  be  in  the  power  of  tbeCora- 
raifiion  Officers  of  each  Company  to  nominate  and  chule  out  of  their  own  Com« 
pany  any  meet  perfon  or  perfons  to  fervc  aS  a  Drummer,  and  if  any  fhall  refufe 
10  accept  the  place,  and  attend  the  Service,  or  defertthe  fci vice.uniefs  regularly 
difmifTed  as  above,he  fliall  pay  fort}  JhilUngi  in  mony  to  the  ufe  of  the  Company, 
to  be  levyed  as  above  •,  And  si!  Drunamers  fo  chofen  and  fervu.g, fhall  be  allow, 
ed  Ten  fbiSir.gs  per  Annum  in  Cale  the  Company  find  &  maintain  the  Drnnx,  or 
!rft'f»/;'/&////«^j'ji7f/'>^»K«i>r;  if  he  maintain  the  Drum.which  fliall  be  delivered  to 
him  in  good  repair.-  all  perfons  chofenDrummers  agrieved,havc  liberty  to  make 
their  Goinplaint  to  the  County  Court  for  Relief. 

\'T\T^^^^^-  when  a  Cafe  is  committed  to  a  Jury,  they  ought  not  to  bring 
V     V      in  their  Verdift  upon  the  merit  of  the  Cafe  v\ithour  evading  the  Ifi 


-t!  V.1    wiit^i   a   'Oct!«i  !9  toUilllui.tu  lurt  jui  y .  i"cj  '-"■'ft'  „ 

in  their  Verdift  upon  the  merit  of  the  Cafe  v\ithour  evading  the  Ifi 
lueuponanyCircumftanceinwayofBarr,    or  Nonfuit  pleaded,  ifitbei 
lowed  by  the  Judges  of  the  Court  at  the  time.    This  Queiiion  is  refolved  i 
AflFirmpfivf^. 


Oi'der  about 
Weights  and 
Meafures. 


Affirmative. 

AS  an  Addition  to  the  Law  Title  Weights  and  Meafures,  This  Court  doth 
Ordei',  that  the  Country  Treaiurei  do  provide  upon  the  Country 
charges  thefe  further  brafs  weights  following,  one  feven  pound  weight,one  four- 
tecR  pouiid,  one  iwenty  eight  pound,  and  one  fifty  fix  pound,  which  fhall  be  af- 
ter fixcetn  Ouncis  to  the  pound,  with  fit  Scales  and  Steel  beam  to  weigh  and 
try  withai.  AiidcheConftablcof  every  Town  within  this  Jurisdidion,  where 
fuch  weighi,?  are  frequently  ufed,  fhall  within  fix  moneths  after  publication  here- 
of, provide  i?t)on  the  Town  charge  all  fuch  weights,  at  lead  of  Lead,  to  be  try- 
cd  and  fized  by  the  Gountryes  ftandards,  and  fcaled,  kept,  and  ufed  in  the  feve- 
xal  Towns  as  Standards-,  and  improved  by  tbe  Selcft  raen  and  Conftablcs  as  the 
Law  direas  for  imaller  Wtigh  ts. 


1      N      I     S. 


S'ZS 


74 


Order  for  Ele&ors. 


SEVERAL 


Laws  and  Orders 


MADE    AT    A 


GENERAL  COURT 

Hdi  at  Bofton,  February  the  ^tk  \(P^^ 
EDWARD     Ji  Aty^ON     Secretary. 


Order  for  No- 
mination and 
Eledion  ofGo- 
vemour.Alli- 
ftants,  &  pub- 
Iick  Officers. 


IT  is  Ordered  by  tbis  Court  and  tbe  Authority  tbereof,  that  for  the 
furure  there  (hall  be  annually  chofen  according  to  our  Charter,  eigh- 
teen A  fliftants,  befidesthe  Governour  and    Deputy- Govcmour,   u 
manner  following,  \ii.  The  Conftables  ol  each  Town  Oiai)  giw  time- 
ly notice  to,  and  warn  their  Freemen  to  meet  upon  thefecond  Tucfday 
in  /^pr«7 next,  who  being  fo  met,  fhaMputin  their  Votes  for  Governour, 
Deputy  Governour,  and  twenty  AflTiftants,  with  Major  General,  Secretary 
Treafurcr  an3  Coramiffioners  of  fhc  united  Colonyes,  all  in  djftinA  papetg 
fairly  written,   the  whole  nnrober  of  twenty  for  AfTifl^-nts  being  to  be  put 
into  one  Lift,  cut  almoftalundcr  betwixt  each  name,  which  Votes  flialJ  he 
received  by  the  Deputyes  chofen  for  the  next  General  Court,    or  fojiie 
other  meet  Pcrfon  chofen  by  the  Freemen  where  no  Deputy  is.  and  fcaled 
up  in  the  prefenrc  of  the  Freemen-  and  the  Deputyes,   or  other  perfons 
cholen  for  that  end,  are  to  brmg  the  (aid  Votes  to  Bofton  fo  fealcd  up,  to 
the  Courthoufebyoneoftheclotic,  on  theMunrlay  before  the  Elcflion 
day,  onthe  penalty  often  pounds  for  every  Peribn  that  doth  negledt  fo  ap- 
pearing-, where  in  the  prefence  of  iihc Governour,  Deputy  Governour  and 
Alliftants,  or  fo  many  of  them  as  ihail  be  then  prefent.  the  Proiyes  fball  be 
opened  and  fortedfbrihwith  bv  tho  Perfons  foaiTlmbledi  and  fo  kept  d}. 
ftmdt,  fealed  up  and  numberedj  with  the  name  of  the  P-'fiy  on  the  backfidg, 
Withthenunoberof  Votes  indof^d  till  Vv/cdncfday,  when  all  the  Frcemert 
that  have  not  Voted  by  Proxy  are  required  to  ippear  at  the  Court  Houfr 
in  Bofton  aforelaid,  bv  feven  of  the  clock  in  the  morning,  to  bring  io  their 


TyrhingMen,   Captains  Comnnsflion.  75- 


Officers  that  are  then  to  be  chofen  accordingto  Charter,  m  Papers  a- 
iforefaid  :  all  which  Vores  are  to  be  forced  and  numbred  with  the  f  ro^yes: 
And  the  Governour  and  Deputy  Governour  being  chcfen  and  proclaimed, 
the  eighteen  that  have  moft  Votes, sre  to  be  prociaimed  Aififtants  tor  the 
Year  eafuing,  and  other  general  Officers  to  be  chofen  as  fornaer/y.  hi  fo 
ir  15  Ortlered,  that  every  Perfon  admitted  to  be  prefent  asaoove,  at  the 
opening  and  rumbring  of  the  Votes,  (hall  before  they  enter  upon  the  faid 
worK,  or  be  admitted  to  be  prefent  thereat,  take  their  Oatlies  to  deal  truly 
in  the  truft  committed  to  them  as  abovefaid  ;  this  Law  or  Order  to  Hand 
for  this  year  only,  as  to  the  manner  of  Choice^ 


X  r  T  rHereas  you  A  B.C.  are  appointed  and  betrufted  for  theopening 
V     V     the  Proxies  fcnt  in  by  the  Freemen,  and  receiving  forting  and 
Tiumbring  the  Voter,  for  the  choice  of  Governour,  Deputy  Governour,  Af-  ^^^^  tob^a* 
fiftants,  and  other  publick  Officers  of  this  Jurisdiftion,  to  be  chofen  on  the  miniffred  to 
Eleftion  day;    You  do  now  fwear  by  the  Name  of  Almighty  God  that  you  thofe  that  fcr 
will  deal  truly  and  uprightly  therein  asalfotbatyou  will  not  either  direft     and  number 
]y  or  indireftly  difcover  either  theperfonsornumber  of  Votes  until  the  the  Votes. 
£ie£tion  be  ended,  £0  help  you  God. 

The  Gtvirnotif  and  Company  of  the  Maflachuiets  Bay  in  New-Eng'and. 

To  A>  B,  Caftan. 

T7T7Hereasyouare  appointed  Captain  of  a  Foot-Company  for  the  FormofMili- 
V    V  Service  of  his  Ma jefty  in  theTown  of B.  in  the  County  of  E  in  c^Son" 
the  Colony  of  the  Afaff'nehufets  Say  Thefe  arein  his  Majefties  Name  toAu-   mumu    ,„«- 
thorize  &  require  you  to  take  into  your  care&  conduft  the  faid  Company,  undu 
&  diligently  to  intend  that  fervice  by  leadii^g  and  exercifing  your  inferior 
Officers  and  Souldiers  in  peace  and  war,  commanding  them  to  obey  you  as 
their  Captain,  and  you  to  obfervc  and  obey  all  fuch  Orders  and  direftions 
as  from  time  to  time  you  (hall  receive  from  your  Major,  or  other  Superios 
Officer,  In  Teflimony  whereof,  Grc. 

IT  is  Ordered  by  this  Court  that  every  perfon  legally  chofen  in  any 
Town  within  this  Jurisdiaion  to  fcrveinthc  Office  of  a  Tything  man 
according  to  Law,  and  do  refufe  to  take  his  Oath  (hall  pay  as  a  Fine  to  the    Addition  to 
Town  forty  Shillings^  and  another  to  be  chofen  in  his  room  for  that  year,   theLsw  ofTy- 
A  fi  ^^  ^^^^  ^'"^  *"  ^''^'^  '^^  ^^^^  coarfe  is  to  be  obferved  in  all  Towns,   '"^"'g-men. 
And  lurcher.  It  is  Ordered,  that  the  Conftable  of  each  Town  from  time  to 
time  (hall  Affift  the  Tything-men  in  the  Execution  of  their  Office,  being 
thereunto  defired  by  the  faid  Tything  men  or  any  two  of  them. 


Finis. 


QVO 


a-F-z 


CommlJ7lo»s»    SuiUlng!, 


SEVERAL 

Laws  and  Orders 

f^Made  at  ihefirfi  Seffions  of  the 

GENERAL     COURT 

ELECTIONS 

HeU  atEo&on,  May  ip/i,i68o. 

i)nd  publifhed  b\/ their  Orderj 

Edward  Rawfon  Seer*. 

As  OnExplancitonoftheCTucr  GfthssCcLTt  nrJe  in  February 
le!f,  refpeaing  tke  FormofAfi/itary  Officer j  CcmmJJJonf^ 
T>i5  Com  doth  decbrc,tb£t  that  Onkr  intends,  not  only 
.,.ury  yr.,„,  ^^^  Commiilions  following,  but  alfo  preccci  jng  the  fame.     And 

Commij/lons,^  it  is  hcfcby  Ordered,  Tha:  thcSccretary  doe  ifiTjcout,  when 

Tmeimey,S!.c.  thev  (K'H  be  demanded,  rew  Comrai/ltons  to  all  former  Officers  in  the 
faid  Form.  i^"d  that  the  precedency  of  Captains  goe  and  be  according  to 
their  former  Scttltmcnt. 

IN  anfwer  to  the  Petition offcvcral  of  the  Inhabitants  of  Boflon,  tfic 
Court  confidcring  the  prcfcnt  inabihry  ofmany  Perfons  that  have  fuf 
fcrcd  great  lofs  by  the  Jatc  Fire,  to  rebuild  with  Brick  or  Stonc,Jiido- 
.vwr.^»>; Bolton  T-    ^^"  "  "'•^^^  ^«  ^"fpcnd  thc  executing  and  profccuting  the  Jate  Uw 
)ufi"iiti  for         '^'  ^'^  Buildw^i  if,  3t)fton  to  hi  Brick,  or  Snr.c^  «or  the  fpacc  of  three 
tbroe^irs.        Vcrrs  only,  when  it  is  to  be  in  force,  and  all  Peifons  arc  required  then 
carefully  to attsodth" fume.  7/ 


IT  is  Ordered  by  this  Court  ard  the  Authority  thereof,  Th.^t hence- 
forth the  new  Mcafures  that  are  now  come  over  from  England  by  Mr.  Fo/ 
fball  be  the  Standard  for  this  Colony  of  the  Mafiiachufets,  A-hich  laid  Mo  StMicf^or 
furesarcofBcU -roettat,  the  half  bufhel  and  tht  Peck  for  rocafuringcf  ^^•^«^^« 
Corn,  and  other  Gnin,  and  Saft  &f .  And  ilfo  one  Quart,  a<KJ  one  Pint 
for  Beer  or  Ale,  which  are  attefted  to  by  DanUl  M-'in,  Keeper  of  Cuild- 
Ha'!,  ofthe  City  of  London,  Yeoman  ol  the  ChAmber  thereof,  and  Sizer 
and  Scaler  of  the  Weights  and  Mcafures,  to  be  juft  and  right  according  lo 
the  Statute  for  nitafuring  alkd  FFhchtfier  At eafure :  together  with  a 
Standard  of  Brafs  to  Size  a  Yard  and  an  Ell  t  And  alfo  one  Gallon,  one 
Quart  and  one  Pint,  being  Wine  Me2fiirts  according  to  the  cuftome  of 
London-,  And  that  all  half  Bufliels  and  Bufhclsfhsll  be  fizcd  by  tJiis  half 
Bufhel,  and  ail  other  Meafures  ftiaU  be  fized  by  thefe  other  Miiafures  be- 
fore CEprcfTed :  And  that  the  Country  Trcaiortr  iffije  forth  his  Warrants 
forthwith  to  the  Conftable  of  every  Town  in  this  Colony,  to  bring  in  aii 
the  old  Standards  ofthcfeveral  Towns,  to  whom  the  Treafurer  ifiall  or- 
^er,  to  be  fized  by  the  new  Meafures  now  allowed  and  approved  of  by  this 
Court,  within  one  month  after  Publication  hereof.-  And  that  henceforth 
it  (hall  not  be  lawfull  for  any  Perfon  whatever,  to  buy  or  fdl  by  any  other 
Meafurgsthcn  what  are  allowed  of,  and  fealed  by  or  according  to  the  c- 
bovefaid  Standard  under  the  Penalty  ol  five  pounds  to  any  Perfon  that  (hal 
fodoc,  the  one  half  to  the  Informer,  and  the  other  hsif  to  the  Townthey 
bc/ong  toi  and  if  any  Towm  or  Conftable  thereof  fhall  negleft  their  duty 
herein  in  not  bringing  in  their  Standards  to  be  fealed  according  tothe 
time  appjinted,  they  (hall  pay  as  a  Fine  to  the  Country  ten  Pounds 

M 
And  the  new  Seal  for  thefe  meafures  (hall  be       xic' 


FINIS. 


Makers  dfVsflHs,    Tmpers. 


7Z 


SEVERAL 

LAWS  «"<!  ORDERS 

Afai/e  at  the  fecond  SESSlOHJ  of 

The  General  Court 

Hclddt  Bofton,  0(5lob,  15.  16Z0. 

And  Publifhcd  by  their  Order. 

Ed-ward  l^w/on  Secf. 

IT  is  Ordered  by  rb is  Court  and  the  Authority  thereof,  That  henceforth  it 
{hall  not  be  lavrfull  for  any  Ship,  Sloop,  Ketch,  or  Vcfle!  of  more  then  twelve  Ko  Maficn  of 
Tunns  bunhcn  to  fail  out  of  any  Harbor  or  Port  within  this  Colony,  or  refcittoeinj 
entertain  on  board  thereof  any  Paflengcr  or  Paflengers,  or  any  Servant  or  ^"■"T'^ ^'^' ■( 
Negro,  without  the  Permit  of  the  Go  vernour  for  the  time  being,  or  fuch  as  *  "^^ 

he  (hall  appoint  to  that  truft,  en  penalty  of  twenty  pounds  Fine  to  be  paid  by  the 
MaftcrorSkipperoffaidShiD,  Ketch,  Sloop  or  Veffel  that  (ball  be  conviQcd  o( 
tranfgrefdng  hereof,  and  (hall  be  liable  to  fatisfie  double  damages  to  any  that  (ball 
be  injured  thereby,  to  be  recovered  by  an  A&ion  of  the  Cafe. 

THls  Court  being  infarmid  of  the  ereat  deficiency  gtncr/iUj  found  amoisg  the 
Traajtrstfome  in  one  kindfomein  other  j  6rr  end  for  prevention  of  future  miftakit 
in  thf  Lav,  Tit.  Charges  publick,  ^hsnin  Trooper j  claim  ahtcmott  at  to  their  Per- 
fotts  and  Hcfes  being  exemjned^ 

It  IS  Ordered  by  this  Court   and  Authority  thered.   That  henceforth  all 
Troopers(cxccptingonly  thofe  whobythe  hrftLaw  Anno   1648.  were  allowed 
fivclhilling>a  man.and  tbeabatemencofthcir  FIcadand  Horfe,  which  lionly  to  rrw^rj  Tri- 
be undcrftood  as  to  one  fmgic  Country  Rate)  fbjH  pay  for  their  Heads  and  Horfcs  ^'"'&^  ""^S/i 
to  ail  publick  AfTeffhients  as  others  does  Any  Law,  Cuflomc  or  llfa^c  to  the  con-      * 
tr.iry  notwuhftanding  :   Provided,  that  fuch  a.  lifted  themfclvcs  upon  the  account 
of  that  Priviledge  hereby  abated  astotheir  head  and  horfe  only,  (ball  have  free 
liberty  to  dilpofc  of  their  horfcs,  and  lift  in  the  Foot-Company  ag.^.in. 

^  Ifr 


Ncminatian  cfMapffront. 


I 


•  T  is  Otdered  by  this  Court  and  the  Authority  thereof,  That  there  Oi^jH  be  an- 
.  nnallychofen  according  to  our  Chnrter  eighteen  A  Ifi  ft  3  tits  be  fides  thifGover- 
nonr  and  Deputy  Governour.  in  manner  following,  The  Conftables  of  each  Tovth 
fhallgivctinicjynoticeunto,  and  warn  their  Freemen  to  meet  upon  the  fecond 
Tuefday  in  March  yc?J"ly,  who  Oiall  then  put  in  their  Voics  in  diftinO  Papers  for 
foch  Perlons  being  Freemen,  and  refjdcnr  in  this  Jurisdidion,  whom  they  defirc 
toHavechofen  for  Magiftratesor  Afliftantsat  the  next  Court  of  EleOion,  not 
CKceeding  the  number  of  twenty,  &  all  in  one  Lyft  clearly  c]iftinj;uifhed  .•  &ro 
Freeman flwll  put  in  above  oneVotc  for  one  perfon  under  the  penalty  oJ'ien  pounds 
for  every  oflencs.  And  the  faid  Freemen  fo  met,  or  the  major  parr  of  them,  fhall 
then  and  there  appoint  One  to  carry  their  Votes  fealed  up  unto  their  Shire- Town 
Km'mtton  Of   ypon  jf^g  \^^  Wcdnefday  in  March,  at  twelve  of  the  clock,  which  Perfons  for  each 
'^■^f-'"'  Ctf^"**   Townfoa/Temblcd  fhallappoint  two  of  themfelves  as    CommifTioners  for  each, 
gij^Ms,    c     5f,i;.5;^fjr^^y^;y^Qi;,lygxceptcd,  to  carry  them  unto  ^o/5«  the  fecond  Tucfday  in 
>^f)r»/ at  nine  ofthc  clock  in  the  morning,  there  to  be  opened  and  pcrufed  in  the 
prefenccof  the  Govcrnour  or  Deputy  Governour,    orfo  many  Magiftrstes  as 
pleafc  to  attend  it ,  otherwife  by  thofe  Perfons  that  brought  them,  at  the  Town- 
houfein  Boficn,  orfuch  other  place  as  the  Commiffioncrs  for  J  »-j^o/<^  fba II  ap- 
point.    And  all  Lifts  that  exceed  twenty,  or  have  one  mans  name  more  then  once 
fball  be  thrown  away,  and  thote  twenty  fre  who  have  moft  Votes  fhall  be  the  mca 
(and  they  only)  which  fhall  be  put  to  Vote  at  the  Court  of  I:le(aion  for  Mag:'- 
ftrates  or  Afliftants  asaforefaid;  and  the  faid  Commiflioners  of  each  Shire  fliall 
forthwith  fignifiet(/ the  Conftables  of  tbefcveral  Towns  within  their  County, in 
•writing  under  their  hands,  the  names  of  thofe  twenty  fix  perfons  aforefaid.  vviih 
thenumberof  Votes  for  each,  which  the  Conftable  of  each  town  fhail  fignifie  to 
their  Freemen,  and  as  riny  have  more  Votes  then  others,  fo  fhall  they  be  nomin;/.- 
ted  for  Eleftionje-^ceptfuch  who  were  Magifirates  heretofore,  who  fhail  have 
precedency  ofall  others  in  Nomination  onrhcEleflion  day. 

It  is  further  Ordered,  That  the  Conftables  of  each  Town  (hall  call  together 
their  Freemen  on  the  vyednefday  next  before  the  Eleftion  day,  from  year  to  year, 
vhen  and  where  fuch  as  pleafe  may  pur  in  their  Proxies  for  Elcftion,  vjz.  oi  Go- 
vcrnour, Deputy  Governour,  and  all  other  publick  Officers  in  diftina  Papers  as 
formerly,  and  for  tv^cnty  AfTiftiants  to  bechofen  out  oftherwenty  fix  perfons  in 
>^omination,  by  Indian  Corn,  which  Proxies  fhail  be  fealed  up  with  the  name  of 
the  Perfon  wriLtcD  on  the  paper,  and  delivered  lo  the  Deputy  of  the  faid  Town, 
or  fbme  other  meet  Perfon  chofen  by  the  Freemen,  who  fhal!  bring  the  fame  to 
£ol}on  on  the  Eleftion  day,  when  and  where  all  the  Freemen  who  have  not  voted 
by  Proxy  are  required  to  appear  at  the  Court  houfe  by  eight  of  the  clockjn  the 
morning,  to  bring  in  their  Votes  asaforefaid^  where  the  Votes  of  theGovernoijr 
and  Deputy  Governour  are  firft  to  be  opened  and  forced,  and  the  chofen  pro- 
cb.imed,&  then  the  Votes  for  the  twenty  fix  perfons  chofen  by  Corn  to  be  opened 
and  counted,  and  thofe  eighteen  who  have  mofl  Votes  are  to  be  proclaimed  Afij- 
ftantsfor  the  ye;'.f  enruing,  and  all  other  general  Officers  to  be  chofen  as  for- 
merly. Moreover,  all  the  Votes  that  arc  brought  in  for  Nomination  and  Ele<^iot\ 
fhail  be  brot;ght  in  by  the  perfon  voting,  or  fcnt  in  by  the  Deputy  or  the  Confta- 
Jjleofthe  Town  where  fuch  perfon  dwelleth,  or  othcrwifc  lofe  their  Vote* :  And 
if  any  perfon  betrulkd  in  this  Order  fhail  fail  in  difcharge  of  his  truft,  he  ftall 
forfeit  ten  pounds. 

It  is  further  Ordered,  That  the  Ccmmiflioncrs  of  each  County  before  they 
opentheir  Votes,  and  fo  all  that  arc  r^dmittcd  to  receive  in  fort,  and  count  the 
Votes  on  the  da^  of  Election,  fhail  be  under  Oath  as  the  lafl  year. 

This 


Cattle  Rat oA.     Carers.     Chrkj  of  the  Writts.  79 

THii  Court  (ftiKg/fnfiiiiefthat  Perfor.sx'vho  bdotig  to  other  Colonies  or  Plant Atltas 
doe  by  their  bnnitng  tnto  this  CoUnj^  or  {eUtng  to  the  Inhabitants  thereof  their 
Neat  Catile^  Sheep  Horfes  and  S'if'.nc^thcrehj  fillinf  «p  our  Muriate,  and  ittc/tpa- 
cittitmf  cur  ovn  Inhabiiants  to  felt  v  hat  they  breed  and  raife  and  ftaj  Duties  for^ 
Xeherilij  math  of  our  jKonej  is  exported  contrary  to  our  Law,  and  no  allowanc:  h 
tnadeto  this  Colon]  for  fnch  Catttl^Horfet,  Shecpy&C.for  frevintitn  whereof  far 
ihefuture, 

)ci5  Ordered  by  this  Court  and  the  Authority  thereof,  that  henceforth  for 
all  Neat  cactel,  Hories, Sheep  and  Swine,  whiph  fhall  be  brought  into  this  Colony 
by  any  Inhabitant  of  the  other  Colonics,  or  by  any  of  this  Colony  going  forth  and 
buying  any  or  all  ofthefaid  kinds  abore  mentioned,  the  faid  Pcrlbns  fhall  pay  by  -  .  _  ^ 
way  of  Rate  in  money  to  the  Treafurer  of  this  Colony  for  the  time  being,  or  his 
Order,  ihefe  following  Rates,  v.tj.  for  all  forts  of  Neat  Cattel,Two  Shillings  and 
fix  pence /"fr  Head  i  for  Swine  of  all  forts,  One  Shilling  Pfr  Head;  for  all  Sheep 
or  Lambs,  Six  pence /"fr  Head,  and  for  atl  Horfe  kind,  two  Shillings  fix  pence 
PfrHead.  And  for  the  true  and  well  efie(fHng  thereof.  It  is  Ordered  by  the 
Authority  aforefaid.  That  all  focts  of  Pcrfons  whether  Vendor  or  Buyer  q[  any 
or  all  the  kinds  above  exprefred,fhall,&  arc  hereby  obliged  to  make  entry  of  ail  or 
any  or  the  laid  kinds  at  the  firft  Town  of  this  Colony  through  which  they  fhall  or 
may  pafs,on  the  pcnaltyes  hereafter  expreflcd,  vIk.  for  all  forts  of  Neat  Cattel  noc 
fo  entered,  forty  Shillings  /'fr  Head;  Horfes  twenty  Shillings  P<r  Head ^  Sheep 
and  Lambi  five  Shillings /Vi- Head  ;  Swine  ten  Shillings,  Pfr  Head  inrr.oncyas 
abovefaid  And  it  is  further  Ordered,  That  the  Clerk  of  the  Writts  of  every 
Town,  or  fuch  whom  the  Trcafurer  of  this  Jurisdiftion  for  the  time  being  (hall 
appoint  in  every  Town,  fhall  be  the  perfons,  and  they  only,  for  making  of  fucit 
Entryes,  and  for  receiving  faid  Rates,  all  which  Entryes  fo'  made  by  any  of  the 
Perfons  lb  deputed,  (hall  contain  in  them  the  number  of  each  kind,  a  true  Copy 
whereof  they  fhall  give  out  to  Vendor  or  Buyer  under  their  hands,  of  any  or  all 
ofthefaid  kind,  which  alone  fhall  be  their  fecurity  in  pafTing  through  any  of  the 
other  Towns  of  this  Colony,  w  thout  being  liableto  ferzureof  any  or  all  the  faid 
Kinds  by  any  perlbn  or  perfons  whatfoever.  And  all  perfons  authorized  and  im- 
poweied,  whether  Clerk  of  the  writts,  or  any  other  whom  the  Treafurcr  of  this 
Colony-for  the  time  being  (hall  depute,  fhall  make  a  true  arvJjuft  Entry  of  all  fucft 
kind  in  a  Book,  and  (tand  obliged  upon  his  or  their  Oathes  to  make  a  true  Return 
to  the  Trcafurer  of  this  Colony  twice  in  the  year  ^  and  all  Fees  for  their  Entry 
(hall  be  three  pence  for  an  Entry,  and  three  pence  for  a  Copy,  and  paid  by  the 
Party,  and  twelve  pence  in  the  pound  out  of  the  money  received  ;  and  that  every 
Informer  upon  any  defc6t  therein,  prolecuting  to  effeft,  fhall  have  one  third  to 
himldfjthc  reft  to  be  to  the  Country.  And  this  Law  to  be  in  force  on  the  twen- 
tieth of  November  next. 


FOr  ex  planation  of  the  Law ,  Tit.  Cask. ,  Cooper  y  Causer,  Tac^cr^  The  Law  for 
Cask  is  to  be  underftood  of  all  Cask  dry  as  wxll  as  liquid  :and  London  y4/7Jze  -^f '■^"•"/'^  </ 
istobeundcraood.  Butts,  one  hundred  twenty  fix  Gallons -,  Puncheons,  eighty  Csif'"cm^ 
four  Gallons;  HogHieads.  fixty  three  Gallons-,  Terfcs,  forty  two  Gallons/Bar.  C^ger^a    ' 
rcis,  thirty  one  and  an  half  Gallons  &c.  And  the  infpeftion  thereof  (hall  bc^  and 
is  hereby  added  imto  thcGaugers  OtTicc  ofMch,TewiT,as  he  is  and  fhall  be  from 
time  totime  under  his  Oath  for  the  true  performance  oftheVarac  according  to 
all  the  Particulars  fpecificd  m  the  Ciid  Laiv. 

I  lis  Ordered. That  when  any  Clerk  ofthc  writts  fhall  grant  Attachment  in  a  civil  ^'''■e^^loffit 
Aftion  to  any  PlaintilTlying  in  Goal  upon  Execution  for  Debt,  he  fhall  require  ^''''^"f'^^ 
^(fiwicnt  Security  to  anlwcr  the  Defendants  Cofts,a5iR  cafcof  Stianscrj,  ^'""' 

F    I    N    I    S. 


eAtaSejiionsoflhe 

GENERAL    COURT 

JHdd  at  ?)O^Qv\  the  ^^' of  March 
1680. 


W  Herca s  fo mc  Pcrfons  onmTunc'crftanclirg  of  the  Laws  for 
merlymad,:  againft  Idling  Arms  and  Ammunition  to  Indians, 
have  been  ready  totranlgrcfs  in  tfut  niatrer,  Thii  Court 
therefore  fees  cauic,  and  doe  hereby  revive  that  Law  Tit.  Jn- 
clians,Seff.2.  flriftly  inhibiting  all  Perfons  from  Giving,  Selling,  Bar- 
tering dircftly  or  indircftly  ,  Guns,  Powder,  Shot,  Lead,  Arms  or 
Ammunition  to  any  Indian  wpati'ocver,  or  mending  or  repairing  Guns 
^f.  asinfaid  Law  iscxprcfTedjonthe  pains  and  pcna-Itycs  therein  con- 
tained, any  Law,  Cuftomc  or  Ufage  to  the  contrary  notwittiftanding. 
Provided  aKvaycs,  that  it  Hiall  bcIavNfuI  for  our  CommiiVioners  ofthc 
Colonycs.for  the  time  being,  by  Note  under  their  hands,  to  allow  to 
our  friend  Indians,for  ncccffary  ufc,  Imall  quantityes,  not  exceeding  half 
a  pound  ofPowdcr  tooncmanat  one  time,  and  pioportionably  Shot 
or  Lead. 


By  the  COVRTj    Edward RaWfon  Sccr . 


QSV 


S  E  V  E%J  L 

LAWS   »"<!  ORDERS 

Made  at  the  Several 

GENERAL    COURTS 

BeU  in  "Bcpn  in  the  Years  idSo,  \6h. 

And  Published  by  their  Order; 

E(hard  %ra>/on  Secretary. 


I 


M^RCH    16,  i<5So. 

r  is  Ordered  by  this  Court  and  the  Authority  thereof;  That  the  Iste  La\v 
Tif/fl  Troopers,  madeat  the  GENERAL  COURl  at  their  Sdfllons,  iith- 
OSlob,  WA7  (hall  and  is  hereby  Rcpe^ed. 


MAY.  ir.    1681. 


tt^ 


npHis  Court  taking  into  their  confideration  the  Law  iUta  Cattle  ratea  in  OSt 

■     ^iT  !aft,  fee  caufe  to  Repeal  the  fame ;   And  it  is  hereby  Repealed  to    all  Rates  on  Or- 
Jatcntsand  Purpofcs  fo  far  as  it  relates  to  fuch  as  are  Jn  Confederation  with  us.    '  dc  Repeated 

U  ^efi. 


S8 


Ccnfi^obtit,  Clerks.     Bal-ers.     ffheat,     fti^^emevts.     Eyerai'icr.n. 


Cer ft  ablet  AnaCkrkt^  hoVfteCo^cH  T^aUt. 

r-   ^    r^  .  ^^^'  \T\  r^^f'^r  Conftabics  in  Towns,  and  Clerks  of  the  Trained  Bancf^.anrf 
t?r  qS  Y  V  fuch  hke  Officers  as  may  be  appointed  co  Coll.d  R  .tes.  tf /n"^ 

astoConlUM.  3'''="°^*o^'<^^f«2"^^''''antsfrom!swrul  Authority,  for  Levying  of  fuch   Fines 
and  Clerks  to  ^^  Rates,  if  not  coraraitted  to  any  former  Ofilcer,  although  due  before  fuch  Confta 
collea  Races.  b!e^ Clerk,  or  other  Officer  were  fworn:    The  Court  relolvcs  this  Qucllion  en  the 
Atnrniaiiv^ 


Zo/if-Breai  B albert. 


OCTOBER,     nth.  ifiSi. 

TN  Anfwer  to  the  Complaint  of  the  Loaf-Brtad  Bakers.     It  is  Ordered  by  thi'i 

X  Court-  that  the  Freemen  of  the  Town  of  ^s^aa,  and  fuch  other  Towns  ssfhaU 

have  any  confiderable  ufc  of  the  Bakers  Tirade  i  (hitll  Annually,  or  othei  wife  as  they 

Ihall  judge  beft,  make  choice  of  three  orinoremt.v:Perforis  in  their  own  7own,to 

inquire  into  the  middle  price  of  Wheat,  how  it  is  fold  by  quantities,  and  they  or  the 

Order  resm    ?'^'*'rP3'''^of  theminfuch  7-ow«/ a^reeir-c  thereon,  fliaU  publifh  to  ail  tbc  Loaf. 

bring  Loaf-    ^^^t^  ^.^'^*^"'  ^**  ^^^^^  of  the  Market  in  rhe  7own,  once  every  Monethor  as  ofrcn 

Bread  Bakers.  ^s'«n«7'eecaufc,the  middle  price  of  VVhcat :     At  which  price  the  faid  Bakers  fhall 

and  price  of   ^'^^  ^*!'^'^  ^-^^^^  ^0"^  the  following  Moneth,  or  until  a  new  price  be  declared  .-and 

Wheat.         "^'^  ^"^  ^"^  Clerks  of  the  Market  do  meet  v?ith  crufty  and  ftafe  Bread  they  ftiall 

not  take  It  away,  as  forfeited,  ejcept  it  want  one  fixtcemh  pare  of  the  - 


Courtsrefolve 


«S«^^.X /"T  rHither  a  Judge-nent  granted  by  a  County  Court  held  by  Adjourn- 
v-ouiuMciuivc  V    V  mcnt  where  a  ftated  Court  hath  intervened  in  the    fame  County, 

RionaboS^'^'  ^^°"S^  not  in  the  fame  rgwn,  be  Legal :    7he Court  refolves  this  Queliion  on  the 
Jud^enient.     Negative, 


VVI 


Wen  an  Obligation  is  put  in  Suit  wherein  perfons  ftand  bound  joyntly  and 
feverally,  and  Judgement  comes  thereupon.-  all  being  named  m  the  Pro- 
cefs;  though  bat  one  Attaciied :  whither  fudgement  ought  not,  according  tc  the 
form  of  the  Procefle  to  be  entrcd  againft  all  and  either  : 

The  Court  Refolves  thisQueftion  on  the  Negative  .-  for  that  Eaecuti on  ought  not 
to  go     agaiiift    any    Perfon   not    Summoned    to    Anfwer. 
;^hen  Judgement  is  granted  againft  a  Perfon, and  he  dicth  before  Ei^ccutfontc taken 
Hoiv  ETCca   °"^'-  ^'^''^^^'"  tbat  Judgement  do  not  ftard  in  force  againft  his  Heirs,Exccucors,  or  Ad- 
tionisto  iffae  ™"''^''3tors  &  whofoeverof  them  isarfwerablein   Law.  and  Execution  to  be  granted 
out  on  a  dead  ^gainfl:  fuch  Executors  or  Adminiftrators,  &c.  The  Court  refolves  this  Qucflion  on 
TnansEfldte.     the  Affirmative,  and  to  prevent  inconconveniince  or  wrong  to  fuch  eftates,  the  per- 
fon againft  whom  the  E^cecution  comes  (hall  have  liberty  to  review  the  fame. 

It 


Indians,  Navi^Ation  and  Tradr.  S? 


iTis  Orilcred  by  tMs  Court  and  the  Aurhority  tbtreof ;  that  all  Indicts  that  be- 
J  longto  this  Jurifdiftion  except  Apprenciccsor  Covenant-Servants  for  years,  are  to 
live  among,  &  under  Government  of  the  Indian  Rulers  ol  Natick,yPunkt.j>ai>g  or  iVA- 
w,/?/,v*hich  are  places  allowed  by  this  Court,and  appropriated  for  the  Indians  to  livt    ^^^  ^  p.^ 
in-where  there  is  Land  fufficient  to  improve  formany  pacniHes  more  ihanareofthenL-^y,jp^-.;,5 
rtfidif  any  fliallrefufc  to  comply  with  this  Order,  It  is  referred  to  the  Selcd  men  of  ' 
every  Town,  by  Warrant  under  their  hand,  to  fend  fuch  Wi.w  or  luaians  to  the 
Houfc  of  Corrcflioa  or  Prifon,  until  he  or  they  engage  to  comply  wiih  this  Order. 


February    IjT.  \6Zu 

FOR      THE      SATISFACTION      OP 

HIS    MAJESTY 

And  the  better  Regulating  cf  the     N  a  y  iG  A  r  10  N    and    1  RAD  B 
of  ihis    1V  RISD  ICT  ION. 

And  in  Porfoance  of  a   Lavj  raade  OElohr  the  tenth  One  thciiand  fix  handred 
fc  venty  Tcven,  Referring  thereunto- 


NAVAL    OFFICE. 

ITisOrdtreAand  EnaaedbythijCourtaniJthe  /f?uthorit/ thereof,  thatchc  Alk 
of  Parliament  made  n  the  twelfth  year  of  His  Majcfius  Reign,  Entituhdsn  Ad. 
tor  encouraging  and  encrca^mg  of  Shipping  and  Navigation  >  and  the /^ft  made  iit 
riiefivetecnthyear  ofHis  Aioiefties  Keign.'EntituUd in  y/ft  forthc  encouragement 
of  Trade,  be  forthwith  Publimcd  in  the  Market  PJJce  in  Bofton,  by  beat  of  Drum  ; 
.«:?nd  that  all  Claufcs  in  faid  a(i  Relating  to  this  Plantation  be ftrlQIv  taken  notice 
oii  and  obfervcd,  as  faid  A&i  Require. 

It  is  further  Ordered  by  the  /Authority  aforefaid,  that  a  Naval  Office  be  forthwrith. 
Ircftcd,and  fettled  in  the  Town  of  BoHorsyiot  the  Entring  of  Ships  ind  other  Vtf- 
icls, Oucward  an Invvard  Bound,  for  thctakingof  Bonds,  receiving  and  granting  p^aval  Ofee 
Certificates  for  their  Clcarmg.accordinc  as  in  ftid  Afts  is  diredcd :     And  all  Com  Ereaed  m  so, 
raandcrsand  Maflersof  Ships  and  other  Veflelsarercquired  to  take  notice  hereof,y?'»'forEatrin^ 
and  to  make  the  r  Entries,  to  give  Bonds  and  receive  and  produce  CertificJtcs  in  faid  Bonds  receiv- 

Office  as  they  arc  rcfpeftivciyCoacccncc!,ODCheptmlties  in  tbe  aforefaid  AGs  of|"KSl4 
Parliament  exprcft.  ^^^-cxwaulw,l. 

Proridad 


■50  Naval  OfficenOtnh. 


Provided,  fuch  Ve/Tels  as  pafstoand  fro  within  cur  Harbours,  or  Rivers,  /hall 
not  be  Obliged  to  £ntcr,  and  give  Bond  asabovefaid  ;  norfuch  Vefielsaspafs/rom 
Port  to  -port  on  the  Main  Sea,  cntheCoa.^of  ^ev-Er.ghvd-,  Unlefs  they  taAem 
for  their  own  Storts,  and  Trade  in  fome  of  Hb  Mfijejiie:  Colonies  in  Km-£"«- 
gland  more  then  one  Tun  of  each  of  the  Commodities  enumerated  is faidAfts, 


/^nd  for  the  due  E;c'-c:iticn  c( /aid  Office'. 

:famis  li^ijjd  his  Or ierei,  That  f.imej  Jlfjpl  F.ftj>-'  "who  was  choftfi by diis  Court,  frfw/rr; 
i/^  GrRcerin  tlic  elf  vcnth  one  thoufand  fu  hundred  and  eighty  be  the  Ofloctr.who  (bill  tave  Com- 
Sujion,  mifllon  under  the  hand  of  the  Gcvernour,  or  Secretary,  and  Seal  of  the  CoIony,and 

be  5vvorn  byfaid  GovcrnouT  to  the  faithful  Difchargc  of  the  fame  ;  which  Oflficcrfo 
Aurhpri/ed,  ftiall  keep  fair  Books  of  all  fntries,  Ceriificstes  and  Bonds,  which  fhall 
aUvayes  beliableto  the  vicv»  of  any  Officer,  or  other  Pcrfon  that  may  inform  of  the 
breach  of  faidy^fls;  or  other  Lawsinpurfuancc  thcicof,  cr  referricgto  the  Trade 
of  this  Jurifdiftion. 
Bets).  Cerrljh        "^"'^  for  the  greater  cafc  of  the  Tor^n  of  S/ilew  c.ni  adjacent  Forts,  B(njavi'm 
Nui/ai  Officer  ^tr*ifl)  is  appointed  the  Officer  in  the  Town  of  Saltm  ;  who  fhali  inlilvc  raannerbc 
ciS^tm.         Sworn,  and  fiiaii  m:ike  £ntrics,  take  Bonds,  and  receive  ^nd  grant  Certificate!,  as  the 
faid  Officer  in  BoJIoh,  is  obliged  to  do;  &  fViall  zH'ocvce  in  fix  Moneths  Return  fair 
Copies  of  all  Bonds  by  him  ta  ken, unto  faid  Officer  in  Buy? ok  ^  who  fhal!  in  like  man- 
ner from  time  to  time,  once  in  fix  Moneths  deliver  fair  Copies  of  all  Bonds  to  the 
Qertt'of'*      Govcrnour:  andfhail  reteivc  for  his  Service  Tefcxrrng  to  the  Premifes  futhFees 
Ci'QdtyCo.     asbyLawarc  allowed  toKecordeis  and  derkspf  Cownty Courts. 

Ar.dfor  the  Govcrjiours  Signing  a  Certificate  for  thtiit-C'earing  theFeefliaUbe, 

t3?0  Jh'lSivgi. 

si'i;iimg  a  It  is  further  Ordered  by  the  Authority  aforefaidt  tliatif  any  Pcrfon  fhall  defire 

teniiicatei  and  obtein  a  Special  Court  for  the  Trial  of  ^ny  Cafe  rtfetripp  to  ihc  Prcmlfts,  he 
ihall  give  in  ufual  Caution  to  refpond  all  Cofls,  before  Warrants  be  ifTued  forth, 
toa/Tcmble  faid  Court  and  Jury  ;  andif  any  perfon  be  daronified  by  falfc  Jnfor- 
jnation,  wrongful  Searching,  or  fcizing  any  Goods.  Ship,  or  other  Veflel,  he  roay. 
Recover  the  fame  by  an  y^Oion  of  the  Cafe,  in  any  Court  or  Courts  of  Judicaiui-c, 
according  to  the  ufual  courfe  ol  Law- 

jindfor  the  Encour figment  nf  his  Majefiics  Officer  or  Officer:,  and  all  Jnforraer:  -t 

ft  is'hercbyDcclared,  That  faid  Officer  or  Officers  6nd  Jnfcrtnerj,  fhal!  from 
lime  to  time  be  aided  and  afTiRcd  by  all  Iviarft-ials.Ccnftablesand  other  Ofiicers,by 
'Warrant  from  the  Govcrnour,  Deputy  Governour,  or  any  MagiftratC;  in  the  pro- 
feoution  of  the  breaches  of  faid  /^ft$  of  Trade  and  Navigation. 

N-vilfiffrp'      \7\T  f^t^i''^'y'>ti    3.  R.    an   Chafer  "^aval  Officer  fey  lk  fevera!  forts  cf  the- 
Oath  ^    ^      V    Miffichukts  Colony^  and  I'avc  received  a  Covimijficnjrcm  the  Govcrnour 

/end  Compaityvf  faid  Colony  for  the  E  caution  oi  that  Offtce,  You  do  Sweirr  by  the 
Great  Name  of  the  ever  living  God,  that  you  will  carefully  and  di:cly  attend  the 
FxccutJonof  the  iaid  Office,  according  to  the  terour  and  true  inrcnt'c'  "^QMiComj 
miiltoiij'Qnd  the  JLaws  of  ibis  Jurifdiftion ,  Sc  hclfjfon  God, 


h'eiikr 


Weights.  91 


WEIGHTS. 


IT  is  Ordered  by  this  Court  and  the  /Vuihority  thereof;  that  Tienceforth  the  new 
Brafs  WeightSj  that  are  lately  come  from  EngUnA^^ndi  have  been  Scaled  at  the       . 
JExcheqstcr'in  n^el^ntin^erasippezts  by  a  writing  teAiraonial  under  the  hand  of  Mr.  ""^'^^'^ 
"^ohn  Lo^,  and  IVIr.  Wchotat  Stuart  principal  Officers  there  and  Sealers  of  the  faid 
Office,  arc  jult  and  true  Avcrdttpoift  VVeighcs,  fych  as  arc  ufed  in  Loncton  j  divers  of 
which  are  Bell-falhioned,  viz,,  one  fifty  fix  pounds,  one  twenty  eight,  one    fourteen, 
onefeven,  one  four  one  two.  and  one  pound  \  the  roft  arc  flat  Weights,  and  are  one 
jhalfpoundjoncquarter,  one  eighth  part,  and  one  fiAtecnth,  or  Ounce;  ac  alfo  one 
half  ounce,  cue  quarter  of  an  ounce,  one  eighth,  and  one  fifteenth  part  of  ai  Ounce, 
ftiallbcthc  Standards  for  this  Colony  of  MaChchufets  -,  by  which  all  other  Weights 
are  to  be  Sized  .•  and  that  the  Country  Treafarer  ifTue  forth  his  Warrants  forth- 
withtotheConftables  of  every  Town  in  this  Colony  to  provide  at  their  Town  charge 
alltheabovcfaid  Weights  of  Brafsor  Lead,  by  the  tenth  of  Mayutm;  which  are 
To  be  brought  in  to  the  faid  Treafurer,  or  whom  be  fhall  apoint,  to  be  Sized  and  Seal- 
ed by  the  aforefaid  Weights  :  and  henceforth  it  ftiall  not  be  lawful  for  any  Perfon 
to  buy  or  fell  by  any  other  weights,  or  Stetlyaids.  but  fuch  as  are  Sealed   by,  and 
nude  agreeable  mih  the  aforefaid  Standard  .-  and  the  penalty  of  fuch  as  negleft,  or 
af\  contrary  to  this  Order  fhall  be  the  fame,and  difpofed  of  according  lo  the  Order  of 
this  Court,  made  in  Ma^  i68o.  Title  Aicafuns. 


IT  is  Ordered  by  this  Court  and  Authority  thereof,  that  the  iirh.  Scftlon  of  the 
Capital  Laws  title  Confpiracy.  Rebellion .-  and  the  .  8tA  Scdion  of  faid  L3ws,Mf/? 
Rebellious  Son,  and  alfo  the  Law  referring  to  Cbrid  mud.  Page  57, 58.  and  the  word 
^ommon.tvealth  j  where  it  imports  Jurifdi£tion,  Is  hereby  Repealed ;  and  the  .word 
juriffiiQion^  is  hereby  infertcd. 

If 


J  2  Confflrncy. 


CONSPIRACY. 

F  3ny  Man  Confpireand  Attempt  any  Invafion,Infurrcfiior,cr  Publkk  Rebel- 
_\\on  &gz\xAthi^  K 1 NC S  Mojtjiy,  His  Governratnt  here  eftabliflitd,  or  <liall  ea- 
dcavourto  Surprizi:  any  Town  orToiTOS,  Fort  or  Pons  therein,  or  ihall  treache- 
Toudy  and  pcrfidcouny  attempt  the  Altrratjon,  and  Subverfion  of  our  Frame  of 
Polity  or  Go  vemmwnt  Fundamectally,  he  fhall  be  put  to  Death, 


1 


$itMit$#lliN^^  ^AMMf**!^^****^ 


f  I   j\C  I  s. 


aos^ 


A  T 

GENERAL 


A 

COUR.T 


Held  at  Bofton ;    <S^ay  %/{.'''•  itfSz. 


T 


,Hit  Court  taking  into  eon(!Jcf£tten    the  frequont  Ex- 
portation of  cur  New  England  Cojne  ont  of  the  CcuKtry^ 
\fhirihy  Commerce  end  Trcdt  is  vert  much  Ot/iru^tJ^ 
Ai  An  £xpedient  to  keip  Moiuf  tn  thtCcuntrj  ; 


It  is  Ordered  that  all  Pieces  of  Eight,  as  PILLAR^ 
SF.VlLy  and  MEXICO  Coyne,  that  are  good  Silver, 
fhall  pafs  amongft  us  as  currant  Money  of  Nivd  En^l'^id  accor- 
diii£  to  their  weight  in  the  prcfent  New-England  CoynCi 


By  the  Court, 

Edward     ^Xpjon  Seer. 


SOQlo 


SOS 


Matinirs. 


95 


SE  V  EX.tA  L 

LAWS 

Made  at  the  fecoiid  SESSION  of  the 

GENERAL     COURT 

HeU  at  "Bo/ton^   OBokr  ii.  i68z. 

And  Printed  by  their  Order, 

Edxpard  'R^fon  Seer' 

FOR  the  Fr'.vcntum  of  great  Trouble  and  IniCHvenienee  thai 
often  bcfah  Mafiers  and  Commander:  o  f  Ships  and  other  Vef; 
(eh  by  rcafon  of  their  Men  running  themfehcs  into  Debt  to  fe- 
ver al  Perfons  in  the  Ports  where  they  arrive,  and  not  being  able 
to  Difc^arge  their  faid  Debts^  are  rtftraincA  or  imprifcned  for  the  fame, 
io  the  great  hindrance  and  prejudice  of  the  Commanders  and  Offnersof 
fuchShip  or   Veffcl: 

It  is  Therefore  Ordered  and  Enaficd  thnt  after  the  Publication 
hereof,  no  pcrfon  whatfoevcr  do  Trufi  or  give  Credic  to  any  Mariner 
or  Seaman  belonging  to  any  Ship  or  other  VcfTel,  arriving  from  for- 
reign  parts,  without  the  knowlcdceand  conlVnt  of  their  Mafter  or    — 
Commander.-  nor  (hall  any  Froccfs  or  Attachment  be  granted  againft   ^'^^'^   Martcr 
Jny  Sc;innan  or  Manner  for  Debts  and  Engagements  made  as  afore-  ^^^^  oniman- 
fjid  :  And  if  through  any  carclcfncfs,  or  nniftake  in  any  Officer,  any 
Inch  Proccfs  ori^ttachmcnt  be  grantcd,ic  Ihall  be  cftecmcd  void  in  Law 

X  A3- 


no  credit  to  bs 
given  to  Ma- 
riners without 
confent    of 


94  Attachments,  Idio    Perfons,  Pkces  of  Etght. 


N 


S  an  Addition  to  the  Zaw,  Tjrfe  ^tiachments  z 
I  c  is  Ordered  by  this  Court  and  the  Aurizcmy  thereof,  that 

afcer  th«  Publication  hereof,  ijc  Sn-angee  fhall  have  3?iy  Procefs  or  At- 
No  Attach-  jachiticnt  granted  againft  a  Stranger  before  the  Plaintif  give  in  fuffi- 
SlfiM  ^I^'mL  <^'"''  Caution  or  S«c«irity  Jo  Reipond  all  Cofls  &  Da.-ag€s  that  rtiaii  be 
Her  arriving  judged  againft  Mm»  TiofihaJi  any  Ship  or  other  Veffel  arriving  from 
from  forreign  forreign  parts  j  or  the  Maffer  or  Coraoiarder  thereof  be  Arretted  or 
parts;  nor  to  a  Reftrained  without  she  like  fufficienr  Caution  or  Security  given  by  the 
^"^Sstran-  ^'^'""^  ^**  Refpond  all  Cofts  and  Damages  as  afcrefaid. 
gcr,'Dcforc  \  7"  X  Tfietkr  tk  Conflatk  ofn  Towr.  to  which  any  Pccttliar  it  An- 
Caution.  \      y    K^-^iti  for  the  Payment  of  Psiblick  Charges,    may  Aft  r,s  a 

Cfinflablainfuch Peculiars^ as  he  may  in  [aid  ToV^n}     The  Court  Re* 

fohes  this  Queftion  in  the  Affiraaative. 


VV 


'  Hereaj  there  <ire  in  fundry  of  our  Tott'w/,  and  efpecially  in 
Boflon.OTijfl?  I/ik  Per  fans  i»  Families  cs  well  as  other  fingie 
ptrfons^  vpho  are  greatly,  if  not  altogether  negligent  in  tbtir  p^ticulcr  CaU 
Imgs :  and  fame  that  do  not  follow  any  /awful  Implojment  for  a  Livelihood-^ 
but  mi/pmd  their  Time  and  that  little  which  they  earn, to  the  Jmpovcri/hing, 
if  not  utter  undoing  'c{  thcmfelvsj  and  Familit} ;  For  Prevention 
whereof; 

It  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  the  Ti- 

jrijig  men  in  each  Town  (hall  /nfpeft  sll  luch  Families  and  Perfons.and 

lawfbrRegu- fpsct'i'y  return  their  Names  to  the  Sdeft  men   of  the  Town  where 

latingMle       tliey  dwell,  who  fhaU  forthwith  return  them  to  the  neat  Magiftrate : 

Pcifons.  and  (  if  in  Boflctiy  to  any  of  theMagiftrates  or  Comraiffioners  there, 

who  are  hereby  Impowred  CO  iffuK  o»»=  vA'arre««»  lo  the  ConRabicol 

the  reipefti  v  e  Town,  to  require  fuch  Perfon  or  Family  to  work  in  or  a- 

bont  any  Innployraent  they  are  capable  of  in  the  Town  or  Place  where 

they  irefide  :  And  if  they  refufe  to  be  Regulated  as  aforefaid,  then  to 

be  lent  by  faid  Authority  to  the  Houfe  of  Correftion,   and  there  re- 

cfived  according  to  the  Orders  of  that  J:/onfe,  and  »^ept  lo  work; 

^nd  th/it  fuch  Perfons  and  families  may  6e  provided  (or,    h  iS  Ordered 

thit  all  their  clear  Earnings  fhall  (  by  faid  StleQ  men,  or  their  Ordsr) 

be  laid  out  in  Neceflaries    fuitablefor  them  or  their  Families  life  and 

Relief;  and  that  their  Wages  (hall  from  time  to  time  be  ftated  by  faid 

Seleft  men ;    And  if  any  perfon  or  perfons    (hall    think   theroUlveo 

wronged  thereby,  ihcy  may  compliin  to  the  County  Court  for  their 

Relief! 

At  what  Rate  '~r*His  Court  oti  14th.  of  May  laft  taking  in:o  Cohfideration; 
pieces  of £/^fc»  ^  (jj^.  frequent  Exportation  of  our  iVw-Tw^/W  Coyn  out  of 
to  pafs.  J  j^g  Countrey,whereby  Commerce  and  Trade  is  very  much  obftru&cd'. 

As  an  Expedient  to  keep  Money  in  the  Countrey,  did  Order  that  aU 
pieces  of  Eighty  as  Pillar^  Stvil  and  AdiXieo  Coyn,  that  are  good  Sil- 
ver, Chould  pafs  amongft  us  as  Currant  Money  of  New  England,  ac- 
cording to  their  weight  in  tbe  prefent  Ncyn- England  Coyn :  As  an 
Explcna'ion  of  that  Law :  it  is  to  be  underftood,  and  it  bis  hereby  De- 
clared  that  thofc  pieces  of  Eight  in  the  Law  mentioned  fhall  bs  paid  & 
Tf-ccivcd  at  fix  (hillings  eight  pence  ;>(■>•  Onnre,  Troy  tret^^ht :  and  all 
•  Imaller  pieces  of  the  like  Coyn  that  are  good  fiiver,  Ihall  pafs  at  the 
fame  price  and  weight.  Thit 


SOS 

"Canada      Accadie.  Sr^tne,  Goedi  DarAagidto  k Sjtvtji.  95 

TH'is  Court  hilrf  informtd  hj  the  Right  HononrabU  the  Earl  »i  Frofl- 
xm^zcGovtrmHrcf  Canada,    and  Monf.tnr  <le  li  Valicr  C.wr- 
,,«ro/  Accadie,   thatf.vemUf  tkc  J.h.iitanrs  of  tJ>,!rC.<Aor^^,  hcve  ^^^"^^^ 
commir.ei  Ii^igularitus,  in  th^ir  Trading,  mAki'g  of   Fifi^andptchtyig  jnf^jijjfantj 
of  Co*lt  within  tht  Territories  belonging  to  tbi  French  j  ccntrflrj  to  the  Trading iathe 
Treaty  and  Ratification  of  tht  ArticUsof  ftaeeCcncittded  atBtt:da,bf  PrecinCl^of 
twJth.  Cror^nsof  England  and  Franc-.      For  the  Pri'VCnticn  of  the  f/'f^^.^f,^- 
like  Pr  ail  >ce  forth,  f»i„re,andthc  prrfrv^tion  6f  a  gocd  Corrifpondence  ^^^^^^^^ 
t/cfifeen  our  Neighbours  of  Canada  and  Accadie  abovi  wenticneefy  and 

cur  {(Ives  : 

Ir  is  hf rebv  Declared,  that  this  Court  do:h  not  AMow  and .  Approve 
of  any  (uch  Irregularities,  and  thit  all  pcrfons  fo offending  are  liable 
tothePcnalciesand  Forfeitures  Provided  againft  them  by  the  Laws  of 
thofe  Covcrnaitncs  where  luch  Offences  flial!  be  commiited. 


A^  an  Addition  to  former  Lav>J  abcut  Svitte: 
It  is  Ordered  by  this  Court  and  the  ActhcritV  ttereof,  that 
all  Swine  gong  at  liberty  ftjall  be  conftantly  Ringcxl  fofficicntly  ro  pre- 
sent their  Rootin^s,  upon  the  Penalty  of  fix  ptnee  on  every  Swine,  in  Swme  tcbe 
Money  to  be  paid  as  a  finc^  the  one  half  to  the  ufc  of  the  Town  where  ^1^"°°'^^^ 
fuch  Swine  do  Root,  the  other  half  to  the  Informer,  to  be  Lcvyed  by 
Warrant  from  the  Scleft  men  ^  bcfidcsall  Danoages  done  in  Commons 
or  Proprieties,  Fenced  or  not  Fccccd.  any  Law,  Ufagc  or  Cuflomc  to 
the  contrary '^0''^"^£ianding. 

IN  Cafe  of  Damage  of  Geo  J/  in  Board  nfatty  Ship  w  Other  Vtfftl  £>• 
riving  herc^  where  there  it  M)  need  af  SoTveyivg  as  h  ufttaU^  fra~ 
ili/ed: 

It  is  hereby  OrJcrcd  and  Enaftcd,  that  thexoftall  fcc  fuitablc  Ptx- 
fons  appointed  in  the  fcvtral  Seaport  lowns  of  this  Jutifdiiiiicn,  as 
Surveyors,  who  fliall  be  Sworn  to  the  faichfnl  difcharge  of  that  Trufti 
And  be  called  as  often  as  there  is  occafion  to  view  fuch  Goods  as  are  ^^^  ^T^ 
damnified,  before  they  be  unftowed,  or  any. two  of  them,  who  are  to  ^L^^ijy  ^" 
make  aRcturnundcrthcir  hands  to  the  perfons  concerned, if  they  de- 
Crc  it :   who  arc  to  be  fatisfied  by  the  Marter  of  the  faid  Ship  ct  Vet* 
ftlthat  imploytsthcm:  and  the  Pcrfons  appointed  to  per/orna.  this 
Truilmthe  Icveral  Towns,  art',  for  Bcften,  Mr.  ChrifiofkirClokr 
Mr.  John  P.nr-K-tAther^  Mr.  Timcthy  treat  Senior  \    for  Cbarli^Ont^ 
C&pc.  foha  Lonf,  Mr.  fob;}  Trvml'l^,    Mr.    Eli^^s   Rcwi  for  SiiLa, 
h^C.fehnSrcwntMr.fchnHarJjStflior^     Capt-   Richer  J  Mere  i  tot 
AiarbUbeady  Ca.pt.  Sav^ful  u/ard,  Ambrcff  CaJc,  Richard  Reitk,   nnd 

for  M'e'Jsbury And  the  Pcrfons  to  be  appointed  for  this  Service  be 

chofcn  frcmtiint  to  time  yearly  by  the  Irbabitsnts  of  fuch  Towtwas 
alorcfaidj  who  have  liberty  to  fnik<.'  choice  of  othtx  Officers- 

T/i  is 


SiirVijorj,SAlesv{  LaKdy  V'^Hcnifed  "Perfons. 


T  His  Court  doth  Order,  that  no  Countrev  Grants  cf  Land  fhaU 
hcncdorth  be  laid  out,  but  by  lomc  Known  able,  and  approved 
Perfon  whom  this  Court  fliatl  appoint,  who  fliall  be  upon  Oath  lo  Aft 
lands  or         faithfully  inlhat  work,  and  make  Return  under  their  hands  of  all  fuch 

S  Te^ed°on-  ^^^'^  '^'''  ^"'  ^^  ''^^'"'  ^''-*^  '''^'^  Quantity,  in  a  fair  Draught  or  Flat, 
lyby"^ Survey-  togetherwiih  thc  Quality  as  near  as  they  can;  In  purfuance  of  this 
crsonOath.  Order,  This  Court  appoints  and  allows  of  Capt.  EUPia  Hutckinfcrj, 
Mr.  Jonathan  Danforth,  Mr.  fohn  Flint-,  Mr.  Samy.cl  ^n^rerrSyMr. 
David  Fuk,  Mr.  CCilliam  Carr,  Mr.  Jofepb  Henxlej^  and  Mr.  Samuel 
Jliarfiflild  to  be  Surveyors,  any  one  of  them  to  lay  out  fuch  Countrey 
Lands  as  any  pcrfon  have  had,  or  fhall  have  Grants  from  this  Courr. 
And  the  faid  perfcus  (hall  take  this  following  Oath  at  fome  County 
Court  before  they  afl  in  Surveying  any  fuch  Land. 

Siirveyors        yj'oV  Swear  by  the  Great  Hams  of  the   Everliving  God.,  that  yea 
'  X    will  fciithfull)  and  impartially,  Mcordhg    to  the  befi  of  your  s^ill^ 

Survey  and  Meafure  fuch  Grants  of  Land  that  are  made  i>y  the  General 
Court  to  ar,y  Perfon  or  Pcrfons  veithin  this  fxrifdiBion  ;  and  prefent  a 
fair  Dr'.ught  and  Plat  of  fuch  Land  to  this  Court ;  therewith  certifying 
the  ^ality^ai  near  as  you  can  undirfland  it^as  well  as  the  ^antity  offiuh 
LAr.diiill  wbichpufox/i  mal^c  Return  of  to  this  Court  under  your  bonis 

So  heJpyouGod. 

"T  7  T  JHertas  it  often  falls  out,  that  Men  make  Bargains  and  Sa!e» 
Coun.Cotirts  y  y  rf  Zand,  and  Comctimis  receive  part  or  ail  the  pay  for  thti 
p^ver  Heirs!  fome  k&re  the  Deeds  of  Sale  are  perfeBed  according  to  Law  i  the  Granted 
Executors  and  confiding  in  the  fidslit^  ofthn  Perjon  thatfelln  and  a(tcr  that,  the  Grantor 
Adminilha-      dies. 

tors  to  make  j^  [^  hereby  Ordered  and  Enafted.  that  it  frail  be  lawful  and  in  the 
Deedof  S.^le  p^ryerof  the  County  Court  where  the  Land  lies  (the  Bargain  being 
^'^'  legally  proved  to  thefatisfaftion  of  the  Court )  to  impowcr  the  nea 

Heir,  or  Executor ,  or  Adroiniftratoi  to  the  Eftate,  to  Draw  atid 

Sign  Deeds  of  Sale  for  the  f:rae. 

IT  is  Ordered  by  this  CouS  and  the  Authority  thereof,  thstal?  Irf 
formers  of  the  breach  of  Law  by  Uniicenfed  pcrfon  or  perfoas 
whatfoever,  to  any  Court,  rnaking  proof  thereof,  fhaW  henceforth 
have  one  clear  Third  part  of  the  Fine  Impofcd  and  Received  for  fiich 
Bleach. 


I        N        I        S, 


206  0, 


ORDER 

FOR    REGULATING     CONSTABLES    PAyMENTS, 
And  (oc  the  Rating  of  Unimproved    LaniJs*,  and   Relating  to 
Troopers,  Made  at  the  fecond  Seffion  of  the 

Held  at  Bos'ioN,oaob.ii.  1682. 

Eiward  Raw/on    Scci' 


WButat  It  Is  informed^  that  fevircl  Confidlet  have 
not  madeuf  thuir  jfJccompts  with  the  TrsafnrerjanJ 
that  there  it  mHcb   of  the   lafi  Years   Rates  jet 
unpaid: 
This  Coure  doth  Order,  that  what  is  fo  unpaid,  be  paid  in  accor- 
ding to  the  valuation  of  all  forts  of  CoL'n  made  this  prefcnt  Court. 

It 


I 


asoto 


T  y^pp^^tnr  J  Grievatici  among  ns  that  ftndry  Ginthmiyt,  Merchants 
j^  a»doth(rf,havi»ggriatTru[ls  of  Landy  honmed  out  to  them  in  Pro- 
prtety,  pa/  not  to  Publick  Chargts  ^  althon^h  they  have  j  conftdirabie  profit 
tothem[elveshythecmimdk4eofthcej)im^tei>lfaid   L'^ndsi  For  thi 

EaJtKglphereof ; 

It  is  Ordered  by  this  Court,  ih.it  all  Lar'^s  circunftanced  as  is  above 
prcmifed,  Aiallin  theLevy  nowtrsberaaJety  this  prcltni  Gourt,  for 
payment  of  the  Count)  cy  Dcbis,  pay  unto  the  Treafurcr  of  the  Coun- 
trey  two  /hillings  Mcney  for  evtry  hundred  Acres  .•  and  in  like  propor- 
tion tor  icffer  quantities. 


A 


Nd  it  is  Ordered,  that  the  Scleft  men  of  every  Town  and  Peculiar 

^  j^  wiihinthis  Jurifdiftion,  fom^timcin  the  Muncch  of  Novunher 
next,  (hall  Affcfs  all  Lands  wiciiin  their  Town  bounds,  liable  to  be  Ra- 
ted by  this  Order  \  And  alfo  to  AfiTcl's  all  Countrcy  Grants  of  Lands 
callcaFarms,  belonging  CO  peculiar  pcrfons  that  lie  nearcfl:  unto  fuch 
Town  or  Towns  i  and  to  draw  up  fair  Lifts  of  the  laid  AfTefstnents, 
with  the  Names  of  the  perfons,  and  Quantities  of  Lands  AfTeircd,  and 
Deliver  the  faid  Liits  to  the  Cor^ miffiuners  chofcn  to  examine  tins  years 
Rates,  who  arc  required  to  meet  at  the  Shire  Town,  the  fecond  Tuefa^y 
ef  Dec^'nicmcxty  who  arc  ordered  carefully  to  examine  the  faid  Lifii 
and  Affefsraeius,  and  tranfmit  the  fame  with  all  f^ecd  to  the  Trcifufcr 
of  the  Countrey  being  perfcacd  and  lubfcribed  with  their  Names .-  And 
the  Treafurer  is  required  to  lifoe  forth  bis  Warrants  tc  the  Conftablcs 
of  the  fevcralTo/.ns,ro  Collector  fuch  Lands  as  lie  in  their  Bounds; 
and  to  the  Marfhal  General,  or  Mardial  of  the  County,  to  CoHecl  for 
fuch  Lands  as  lie  not  in  ?,ny  Town  Bounds;  who  fhall  CoHedt  the  fame, 
and  return  it  to  the  Treafurer  as  the  Law  dire(Ss.  ^ 

And  it  is  further  Ordered,  that  the  (zii  Commiffioners  give  in  to  the 
Treafurer  th'.' nimber  of  thcTrocptrs  i<^  their  rcfpeftivc  Towns,  and 
he  to  Rrant  out  Warrants  to  the  Sciea  Men  to  aflcfs,  and  the  Conftables 
toColleawhicmay  arifeto  beduetG  the  Country  upcn  theDuplicv 
tion  of  Rates,  for  this  prefcntyear. 

And  for  thi  ktler  effrBing  of  this  Order  about  the  Rating  ef  Vnim- 
f roved.  Lands . 

It  is  Ordered  by  this  Court,  that  the  Major  General,  Captam  Fifhtr, 
Captain  £.;/-&^  Hntchinfon,  and  Lieut.  JonMh^n  Danforth,  together 
with  the  Secretary,  be  a  Cemmittfe  forthwith  to  exJmine  the  Court 
Records  2nd  Returns  of  all  Grants  of  Farms  and  Out- lands,  laid  out 
V'ithout  the  Bounds  of  any  Townfhipsi  who  arc  Ordered  andDeflred 
tomakeaLiilof  all  Out  la.idc  they  can  ty  any  means  gain  the  know- 
ledge of,  as  to  the  quantity  of  the  fame,  and  to  whom  at  prcfcnt  they 
do  belong,  and  where  they  do  lye :  and  to  trrnfmit  the  fame  Lifts  unto 
the  Country  Trcaiurer,  that  thc>'  may  be  r.ddcj  ro,  and  compared  with 
the  fevcral  Counties  Lilts,  that  fo  no  Lands  may  be  omitted,  or  twice 
Entrcd,  M^lot  John  Py»cho»,  znd  Licvt.  John  Smith  in  Hnmpjhiref 
are  appointed  to  do  the  like,  and  make  !>ke  Ccrtiftcr.te  : 

And  that  the  Treafurer  forthwith  fend  forth  his  Warrants  to  the 
Sekft  M.'n  of  each  Town  accordingly. 


N         I        S. 


i^JNJES: 


?7 


SEVE%JL 

LAWS 

MADE     AT     THE 

General  Court 

Called  and  Htid  at  BOSTON  on  the  fevcnrn  of  fieruarv.'zni 
Continutd  by  j^djoumment  to  the  thirty  firft  oC  March  1683. 

AnJl  h  iheirORDER  Printed  and  Publi/hedj 

By  Edward  "R^fon  i^ecretary. 

WJiirtKt  iy  thi  Law,  tit  I,  Minr.s  ^  J:  it  Pre- 
vidJ  that  tha  fifth  part  of  Gold  and  Silvir 
O^r^-which  if  found  in  this  Co.'on'',  fhuH  Repaid 
to  thi  Kingi  Majifiy,  h'lt  Hursand Sycofffrj  : 
and  there  btin?  Rumor  J  o(  fucb  Mmtt  found  i« 
this  JurifJidion  •, 
It  io  iStrtfof  c  Order cJ  by  ilii'^  court  and  Authority  thereof,  that 
fomemoctPerfonsbtappointtd  from  lime  to  time  by  thi;  Court  to 
make  Enquiry  after  fuch  Mines,  and  do  their  utttrmoft  ende^-vour  • 
ihf.c  r>  hlth  part  of  thefaid  Oar  be  refer  ved  for  His  Majcfty,  attd  that 
thc-y  lake  CArc  that  Hi".  Majefty  rosy  have  his  juft  due  for  the  ferae, 
both  In  quantity  and  auaiity:  And  it  is  further  Ordered,  thu  if  any 
Ptrfoti  OC  p«fons  (hall  make  Difcov«ry  of  any  Royal  Mine  or  Mit>cs, 


Law  to  pre- 
vent all  decoicJ, 
by  opening  of' 
Mines.&cthaO 
His  Majefty 
may  have  his 
due,  &c. 


58  NAVylL     OFFICE. 


of  Gold  or  Silver,  and  ftiali  Irrprovt  faid  Mine  or  any  part  of  it 
to  his  own  ufe  and  benefit  before  he  hath  given  Account  and  informa- 
tion to  the  Officer  that  fliall  be  appointed  as  aforefaid,  the  Pcrfon  fo 
tranfgrcfling  fhall  for  frit  the  I  rcble  value  thereof,  and  fhall  be  fined 
ten  pounds  for  ont  Offence,  And  Mr.  Jirtmiab  Dummcr  is  Ap- 
pointed to  be  the  Officer  till  this  Court  take  further  Order. 


I 


-/Ss  an  jldJifhn  te  the  tAw  titJt  NAVAL  OFFICE. 

T  is  Ordered  that  the  Port  of  Boflon-,  to  which  C^jr//?ojrw  is  an- 
nexed, and  the  Port  of  Salm,  to  which  Marhte-kcAd^  Bevtrlff 
AdcVitiOT  to      Glocejiir,  /pfwich,  Ro\^ley,_NeK'^i4ry  &  Salhl^ury  are  annexed  as  Mtm- 
the  Layv  title  bers :  are  and  fha!l  be  the  Iav;ful  Ports  in  this  Colony,  vihert  all  S*iips 
Naval  Office.  ^othcrVcfTels  fhallLade  or  UnJade  any  of  the  Plantations  enumerated 
Goods,  or  othttGoods  frona  foreign  parts,and  no  where  elfe, on  penal- 
ty of  the  Confifcation  of  fuch  Ship   or   VcfTel,  with  her  Goods, 
Tackle,  c^f.  as  fhall  Ladt  or  Unlade  elfewhcre. 

77.  That  no  Ship  or  other  VcflTel  Arriving  from  Forreign  p3rts,ni3ll 
break  Bulk  before  Entry  with  the  Governour  and  Naval  Officer  if  they 
come  into  the  Port  of  .& »/?«»,  and  in  all  other  Ports  not  before  Entry 
with  the  Naval  Officer,  on  penalty  of  Confifcation  of  Ship  and 
Goods,  and  when  the  Maflers  of  faid  Ships  or  VtfTcIs  art;  not  Inha- 
bitants in  this  Colony,  then  into  whatfoevtr  Port  they  Arrive,  their 
Entry  fliaU  be  mxide  with  the  Govcrnoiir  and  Naval  Officer  that  be- 
longs to  the  Port  where  they  Trade. 

///.  That  no  Ship  or  other  VeflicI  Ihall  Lade  or  Unlade  any  part 
ottheir  Cargo  in  the  night  feafon,tTiat  Is  not  of  the  growth  of  this 
Countrey,  unlcfs  it  be  in  tafe  of  necellity,  and  then  notice  to  be  given 
ta  His  Majefties  Officer  upon  the  place,  if  any  be  there,  on  penalty 
of.  Confifcation  of  faid  Goods. 

JV.  That  ro  Ship  or  other  VefTelihall  take  on  Board  any  of  the 
enumerated  Plantation  Commodities  more  then  their  Ships  Store,  be- 
fore they  have  given  Bond,  or  fhcw  a  Certificate  that  they  have  alrea- 
dy given  Bond,  as  the  AGt  of  Parliament  requires,  on  penalty  of  Con- 
fifcation of  fuch  Ship  and  Goods,  unlefs  they  be  fuch  as  pafs  from  Port 
toPortof  ourown  Jurifdiaionj  who  arethtn  to  have  a  Permit 
figned  by  the  Naval  Officer. 

r.  And  for  the  Information  and  Satisfaftion  of  all  perfons  con- 
cerned; It  is  hereby  Declared,  that  His  Majefties  Officer  hatb  po- 
wer to  fiezeany  Ship  or  VefTel  he  judges  forfeited  to  His  Majefty  in 
order  to  her  Trial,  and  that  he  hath  liberty  to  fearch  all  VefTels.  that 
are  outward  Round,, ind  to  put  Waiters  on  Board  all  Ships  inward 
Bonnd. 

VI.  And  that  the  time  of  Entringand  Clearing  at  the  Naval  Of- 
fic- be  betwixt  the  hours  of  ten  and  rvveivc,  in  the  forenoon,  and  two 

and  four  in  the  Afrev.ioon. 

VJI.  Thit  no  V-efTcl  of  twtiity  Tonnes  and  upward,  except  fuch, 

as 


ships.     Freemen     Comm'tffioni.  S>S> 


as  fetch  Wood,  Board,  Stones  or  Lumber,  fliill  pafs  the  CaHIe  with- 
out n  Let  pafs  from  the  Governour  for thctirre  being,  if  rcftdcnt  in 
Boflon,  and  in  his  abfcncc  Irom  the  Deputy  Govcrnour,  on  penalty  of 
twenty  Pounds. 

AS  an  Addition  ante,  and   Explanadon   of  the  Lars/  titfo  Sl^ip 

It  15  Ordered  by  this  Court  and  Authority  thereof,  that  no  per  ships  on  the 
fon  fhall  Trade  nith  any  Ship    -  Veffel  *rrivinfl  on  our    Coaft.  until  Coaftl»*ore 
they  arc  brought  to  Anchor  in  one  of  the  Ports  affigned  and  appoint-  come  into  tho 
cd  in  the  Law  title  an  Addition  to  the  Laws  title  Naval  Office, on  pc-  W*'^''°"- 
nalty  and  ior/eiturc  provided  in  the  faid  Law nV/f  Shipping. 

IT  is  Ordered  by  this  Court  and  the  Authority  thereof,  that  the  ^ 
Law  made  Off o^ir  isth.  167}.  Intituled  as  an  Addition  to  the    3™i"oRel! 
Law  title  I'recmcn,  Scftion  the  third  is  hereby  Repealed.  men  Repealed 

Hit  Court  h'lng  itiformcd  that  thin  arefevcr.'J  Commijftin  Officers 
in  this  furi/diilion   that  havt  not    their    Commi/fiom    according 
to  Lnw. 

It  is  therefore  Ordered  by  this  Court,  that  each  Clark  belonging 
to  the  fcvcral  Military  Companies  in  this  Colony,  fhall    v/ithi'n    one  ^        . 
Moncch  after  the  publication  hereof,  repair  to  the  Secretary,  and  take  to°MiHt^of^ 
out  fuch  CommKDons  as  fhallbc  v7Jnting,and  them  to  deliver  to  each  ficerstob*  ta- 
CommnIionOfficer  belonging  to  their  own  Company,  as  they  fhali  kenoucbythe 
bedirefted;  And  fo  from  time  to  time  vathin  one  Moneth  after  any  ^'^^'^^^f 
Commifljon  Officer  is  Chofcn  and  Appomtcd  by  this  Court:    And   jf  ^o'J^P^i'es 
afly  Clerk  fliall  neglcft  his  Duty  herein,  he  Ihall  forfeit  the  fum  o(  Moaetb!S. 
twenty  (hillings  to  the  ufc  of  the  Company. 


T 


PINIS 


SOX 


AT  A 

General  Court 

^f/i^;  BOSTON    Md-j»  iq,     i68j. 

Tllii  Court  Conftdettng  tnat  Cattle  are  Fated  to  the  Countrey 
cl  egrtJier  'value  thin  they  will  yield  from  Mart  to  Man: 
Doth  ihcicfore  Order,  that  henceforth  all  Neat  Cattle  {hall 
be  Rated  to  the  Countrey,  ^•J^.  Oxen  at  four  years  old  and  a- 
bovt\at  three  pounds  a  piece  ^  all  Cows,  and  Steers  at  three  years 
andabove, attorryfliillings  apiece^  and  all  of  two  years  old,  at 
thirty  (hillings  a  piece-,  and  Yearlings,  at fifxtcnfiiiUings a  piece  j 
and  Swine  at  a  year  old,  at  ten  fhillingj. 


By  tne  COuHX 


Edfpard  Rajffon  Stcrt 


30S 


98 


S04: 

Tublick  Charges  RejxahJ. 


S    E    V    L 


A    L 


LAWS 

MADE  AT  THE  SECOND  SESSIONS   OF  THE 

General   Court 


He!Jat  BOSTON  O&ohcr  TO.     1683.    And 
Piiblillied by  their  Order: 

Edward  Ra\ifo»  Secr. 


T 


'T  is  Ordered  by  this  Court  and  the  Authority  thereof. 
That  all  the  Laws  under  the  Head  or  Title  of  ImpoAs; 
LirwasTub-   H    Impoft  on  Wine  SfflrongLiquors^ImpoJl  upon  all  goods 
hck  Charges  -»-  &Provif-ons,  with  any  Exj)lan3t]on  or  Addition  made 
:ReHnhd       thereunto ;  and  the  Law  Title  Publick  Charges,  Seftjon 
1^?!.^"*^^°  the  third,  referring  to  the  Trearurer,irfuing  oat  Wan-ants  to 
the  Conflables,  for  CoUeding  of  Aflcfsments  yearly,  Ihall 
be  and  remain  in  force  for  the  prelent  Year,  and  until  the 
tenth  day  of  j?««f,M'hich  will  be  ui  the  Ye2r  Sixteen  hun' 
el  red  eighty  a>id  four,  and   fof  no  longer  time  j  Any  Law 
Ufage  or  Cuflome  to  the  coniTcsry  noLwithftanding' 

V 

As 


1684. 


A 


SOS 

Schools.         Ccufenage.  99 

S  an  Addition  to  the  Law  Title  Schools  : 

Tills  Court  doth  Order  and  Ena<it,-    That  every 

Town  confifling  of  more  tlian  five   hundred  Fanaiiies  or     .    . 
Hou/liolders,  fhall  fet   up,    and  maintain   two   Gr?.mmar^^^f^'^ 
Scliools,  and  two  Writing  Schools;  die  Mafters   '^'^^r(x>( Scbool, ht^ 
fhall  be  fit  and  able  to  Inltru^  Youth,  as  laid  L,aw  dire<^.  GratTtmar  & 

IVritwg,  era 
An  J  whereas  the  f aid  Law  makes  the  Penalty  for  fuch  Towns 
as  provide  not  Schools  as  the  Lam  direflsj  to  pay  to  the  next 
School  ten  pounds: 

This  Court  hereby  Enafts,  that  the  Penalty  Ihail  be  twen- 
ty pounds  wl:ere  there  are  two  hundred  Families  or  Hcufe* 
holders. 

A    San  Addition  to  the  Law  Title  tnkcepers  i  ,   Wheriii<s 
the  Law  Seftion  3d.  Impofes  a  Fine  of  five  ifhiilingS 
OH  the  Licenfed  Terfons  that  are  the  Breakers  of  that  Law ; 

This  Court  doth  Order,  that  the  Penalty  tor  the  Breach 
of  that  Law  Ihall  henceforth  be /^r^jr  fhiHin^s. 

FOr  the  Freventkn  of  Deceit  and  Coufenagehy  Perfons  heing 
taken  hy  Execution^  or  delivering  thentfclves  over  as  Se""- 
vantt  unto  any,  thereby  to  prevent  their  Cted'tXors  taking  hold  on 
them. 

It  is  Ordered  and  Enaded  by  this  Court  and  the  Autho 
rity  thereof,  that  henceforth  no  Pcrfon  or  Perfons  fliall  be 
taken  or  delivered  over  by  Execution,  or  fliall deliver  up 
tliemfelves  to  any  one  or  more  of  their  Creditors  in  way 
of  Service  for  latisfaftion  of  any  Debt  or  Debts,  owing  by 
him  or  them,  unlefsrtbe  with  the  Iinowledee  and  approba- 
tion of  the  Court  of  that  County  where  mch  Debtor  or 
Creditor  dwell,  that  they  may  receive  iatisfadiop  in  the 
juftnefs  of  the  Debt,  and  Ukewife  fet  tne  time  that  the 
Debtor  {hall  fcn^e  ;  and  that  it  may  be  publickly  Declared 
that:  he  is  a  Servant: 

Provided  this  Order  fliall  not  be  Interpreted  fo  as  to  ob- 
ftn\ct  the  leeal  Procedure  of  any  other  Creditors,  againfl 
any  Pcrfon  to  difpofed  to  Service,  either  formurly  or  here- 
afer. 


N7       I       S. 


003 


SO'7' 


A    T 


5PECIAL 


General  Court 

Held   at     BOSTON      Novemk    7.       1683, 


T 


His  Court  le'iMgfenJiHe  of  the  great  Ru'ines  in  Boflon  ly  Fire, 
at  funJrjf  times,  and  hazard  ft///  of  the  fame,  hy  reafon  of  the 
joyniMg  and  nearnefs  of  the  Buildings  :     For  the  prevention  of 
Damage  and  I  of s  thereby  for  the  future  ; 

Do  Order  and  Enaft,  That  henceforth  no  Dw-clling-hourc,  Ware- 
houfe,  Shop,  Darn,  Stable,  or  any  other  Houfing,  fhall  be  Erc(fted  and 
iet  up  in  Bofton,  except  of  Stone,  or  Brick,  and  covered  with  Slate  or 
Tyle ;  on  penalty  of  forfeiting  one  hundred  pounds  in  Money  to  the 
ufe  of  the  faidTown  for  every  Houfe  built  otherwifc,  iinlefs  by  al- 
lowance and  liberty  obtained  from  this  Court,  from  time   to   time  • 
And  the  Conftables,  and  Grand-jury-men  of  the  faid  Town,  arc  to* 
take  care  for  the  Execution  of  this   Order,  and  prcfcnt   the  breach 
thereof  to  the  County  Court  of  Suffoli;  that   perfons  tranfgrelTing, 
may  be  procedcd  with  accordingly :     And  further,  the  Scled  Men  of 
Bofton  are  hereby  Impowrcd  to  hear  and  Determine  all  Controver/ies 
relating  to  the  Boundaries  of  the  Lands  of  fuch  Perfons  whofeHoufes 
have  been  burnt  down  in  the  late  Fires,and  liberty  of  Appeal  to  the 
County  Court  being  allowed  to  any  perfon  agrieved.     And  the  Law 
Tiik  NnvBiiild/Hgs  in  Bofion,mz(it  OHoh.  i;.   1679.  is  hereby  Re- 
pealed rcfpcftuig  Buildinas  to  be  Eredcd. 

By  the  Court    EDWARD    RAWS  ON    Seer. 


soo 


A    T 


General  Court 

ON    ADJOURNMENT,    Udd    at    BOSTON 


T 


Hat  for  hcouragement  to  Build  /«  BoAon  ivkh  Brick  and 
Stone  according  to  a  Law  made  the  laH  SeJJion  ;  As  art  Ad- 
dition to  the  fa/d  Law : 


It  is  Ordered  and  Enacted,  that  whofoever  fliall  (6  Build,  fhall 
have  liberty  tofet  half  his  Partition-Wall  in  liis  Neighbours  Ground, 
leaving  Jagges  in  tlie  Corners  of  fuch  Walls,  for  the  Neighbours  to 
Adjoyn  their  Building  to ;  And  that  when  the  lame  (hall  be  Built  un- 
to, the  Neighbour  Adjoyning  ihall  pay  for  half  the  Wall  fo  tar  as  he 
Ihall  Adjoyn  .•  And  in  cafe  of  Difference,  that  the  Seled  Men  have 
power  to  appoint  Perfons  to  make  Valuation,  or  lay  out  the  Luic 
between  iuch  Neighbours. 

By  the  COURT,  Ediiwd  Raw/on  Secr't. 


311 


too 


3XQ 


Tmpojfs  on  Wine,  &V ,     J^fifances. 


SEVERAL 

LAWS  -d  ORDERS 

Made  by  the 

General  Court, 

Held  ztBoJlm  the  yth  of  May,  1684. 


Wine  &(ircng 
liquors  in 
force  tiIJ^£ 
10. 168  J 


I 


T  is  Ordered  by  this  Court  and  the  Authority  thereof, 
that  the  Laws  title  Impofts,  and  Impofl  on  Wine  and 
llrong  Liquors,  with  t!:ie  Explanations  and  Additions 
made  alfo  thereunto,  fhall  be  and  remain  in  full  force 
from  the  tenth  day  of  June  next   infuing,  until  the- 

tentliday  oi  June,  which  will  be  in  the  year  one  thoufand  fiK 

hundred  eighty  and  five. 


THere  leing  Complaint  made  of  great  incofivenience  ly  rea^ 
fan  of  Filth  and  Dirt  cafl  into  the  Streets  of  Bofton  antf 
Nufi  oA^if  r  Towyjs,  and  of  the  negle^    of  Butchers    to    cles.nfe  their 

be  removed      Slaiighter-honfes  andTardsof  Blood  and  other.  F/lth  ^  although 
vithin  rwelve  /:,^/.,  ffoufes  and  Tards  are  fcituate  near  Streets  and  Lanes  much 
frequcKted  : 

This  Court  doth  Order  and  Ena(fl,  that  all  Pcrfons  fo  of- 
fending fhall  forfeit  twenty  Ihilliogs  to  the  ufe  of  the  Town 

Z  except 


hours    on  p^ 


3X3 

Executions.     Query.     Fuhlick  Notary  s  Seal.  loi 


except  fuch  Annoyance  be  removed  within  twelve  hours 
after  Complaint  thereof  made  to  lawful  Authority. 

WHcther  Executions  upon  Judgments,  ought  not  to  be  ^ZTi^I^i 
iflued  forth  according  to  the  form  of  Procefs  ppon  forth 
which  faid  Judgments  are  founded,x'/2.againffc  the  Goods  arid 
for  want  thereof  the  Perfon  ;  the  Court  refolves  this  Q^'eftiori 
on  the  Affirmative,  as  to  perfonal  Debts. 

FN  Anfwer  to  the  Petition  of  Major  Rolert  Pike  j  It  is  Or- 
1  dered  by  this  Court,  that  Major  Pike  be  allowed  to  Lyft 
lo  many  Men  for  Troopers  out  of  the  three  fopt  Companies 
of  Haveril,  Salishury  and  Ameshury,  in  proportion  to  the 
number  of  the  faid  Company,  as  to  make  his  Troop  forty 
eight  men  befides  Officers ;  Provided  this  Tsoop  be  under 
the  Command  of  Hz]oi  Rokrt Pike  for  their  Captain;  and 
Major  Pike  is  ordered  to  prefent  to  the  next  Seflions  of  this 
Court  the  namss  of  other  Commiffion  Officers  to  compleat 
the  faid  Troop. 

And  in  Lyfting  the  faid  Addition  out.of  the  foot  Compa- 
nies ;  This  Court  doih  difpenfc  with  qualification  pi  the  per- 
fons  in  point  of  eilate  paying  in  the  Country  Rate,  Provided 
they  be  otherwife  qualified  with  abihty  of  body  and  fufficient 
Horfe  and  Armes. 

W  Hither  it  he  not  expedient  for  this  General  Court  to  ap'  Que  re 
point  a  Seal  for  the  Puhlick  Notary  of  this  Colony., 
that  fo  Writings  Signed  and  Paid  hy  him  may  find  the  more 
Credit  in  forreign  parts . 

In  Anfwer  to  this  Quere,  the  Court  thinks  fit,  that  a  Buck  P"fJ'^'f  Nota- 
with  this  Circumfcription  SIGIL-  NOTAR.  PUB.  MASS^-  "^ 
CHUSET.  be  the  Seal  for  the  Office  of  the  Notary  Publick  ,• 
and  do  accordingly  Order  the    engraving  the  fame  in  Silver 
at  the  Countries  Charge. 

IT  is  Ordered  that  Benjamin  Gcrrifh  he  the  Officer  Cor  S.ilem 
and  the  Ports  annexed,  inflead  of  the  late  Mr.  U,)hArd 
Vcreii,  to  demand  and  leceivc  the  Powder  Money  of  all  Ma- 
flers  of  Ships  and  other  Vcflels,  according  to  tiieir  refpe(5^iva 
Burdens,  the  faid  Gerrijh  giving  an  Account  to  the  Surveyor 
General  yearly  or  oftcner  as  the  Law  du:e(Ss. 

T  is  Ordered,  that  Ni7//'^A:/>/cAfr/(' of  Newhury  be  the  Na« 
vai  Officer  for  the  Forts  of  NcwLuryd^ad  Salisbury. 

?    \    'N    I    S. 


I 


ytrutess  Frivateers. 


10? 


A    T 


General  Court 

Called  by  the  Honourable  GOVERNOUR  on  His  Receipt  of  HIJ 
Majesties  Lc\:tcr,  to  fit  in  Bof^on,  Julythe  gth.  1684.  Wheti 
they  Sate  there  was  Made  and  Pafled  the  Law  and  Order  fol- 
lowing I  And  by  their  Order  Printed  : 

By  the  Court  E^w.-^rd  Raw/or,  Seer. 


Tf/is  Court  being  Informed  that  great  Diforders  and  Dipra- 
dations  have  been  committed  by  fever al  of  His   Majefties 
Suhjeil^-,  to  the  great  dof/iage  and  prejudice  of  His  Ma- 
lejties  villus ^and  contrary  to  treaties  of  Peace,  t^  that  good 
Correfpondence  which  ought  to  be  maintained  between  Chri- 
ffian^Princes  and  States^  and  that  fevtrd  Perfons  contrary  to  tkeir  Duty 
and  good  Allegiance  have  and  do  go  from  this  Colony  into  forrejgn  Princes 
Services^  and  Sail  under  their  CGmmiJfwns ;    For  the  prevention  whereof; 

It  is  Ordered  and  Ena<^ed  by  this  Court  and  the  Authority  thereof, 
that  from  and  after  the  Publication  hereof,  it  fhall  not  be  lawful  for 
any  perfon  tliatnow  doth,  or  Iiereafter  fliall  inhabit,  come  in  or  belong 
TO  this  Colony  to  fcrve  in  America  in  any  Hoftile  manner  under  any 
Forrcit^n  Prince,  State  or  Potentate,  or  any  imployed  under  them  a- 
gainfl  any  other  Forrcign  Prince,  State  or  Potentate  in  Amity  with. 

A  a  His 


J  04  J^iraus.,  prlvaieers. 


His  Majefty,  without  fpecial  Licence  or  Commiflion  firft  had  from  Hi? 
MaJeHy.-or:  the  Governour  and  Company  of  this  Colony  under  the  Co- 
lonies Seal,  or  fomeof  His  Mdjefiies  Governours  or  other  lawful  Au- 
thority under  him  elfe\vhere,  ior  their  fo  doing.;  And  that  all  and  eve- 
'ry  l^jch  Onendcr  or  OiTenders  being  duely  convided,  fhall  lufTer  the 
pains  of  Death: 

Provided  neverj3ielefs,-fiiat  this  Act,  nor  any  thing  therein  con- 
tained, fhall  extend  to  any  perfon  or  perfons  which  now  are,  or  have 
been  in  the  Service  or  Imploymcnt  of  any  Forreign  Prince,  State  or 
Potentate  whatfoever,  that  ihall  return  to  this  Colony,  and  leave  and 
defert  fuch  Service  and  Imptoyment  before  the  aj^/-'-  day  of  March 
next  eafuing. 

And  be  it  further  Enabled  by  the  Authority  aforefaid,  that  m  and 
every  perlon  or  perfons  tl-vat  fhaii  any  way  knowingly  Ehtert&iti,  Bar- 
bour, Counfel,  Trade,  or  hold  any  Cotrefpondence  by  Letter  orother- 
wife  with  any  perfon  or  perfons  that  fliall  be  deemed  and  adjudged  to  be 
frivateers,  Tirates  or  other  Offenders  within  the  eonfiruftions  of  thiS 
A«5>,  and  tliat  fliall  not  readily  end^vour  to  the  beft  of  his  or  their 
power,to  Apprehend,  or  caufe  to  be  Apprehended:  fuch  Offender  or 
Offenders,  f]--Ji  be  liable  to  be  profeoited  as  Acceflaries  and  Confede- 
rates, and  fuli&r  foeh  Pains  and  Penalties  as  by  Ixn  is  irv  fudicale  pro- 
vided. 

And  be  it  further  Enafted  by  the  Authority  aforefaid,  that  the  chief 
Conwuiffion  Officer  then  prefect  upon  tne  place  in  any  Town  or  Har- 
bour where  there  is  no  Magiftrate  or  other  perfon  invelled  withlike 
Authority  refiding  and  at  hand,  are  hereby  jji  their  ferveral  prcpinfts 
within  this  Colony  required  andimpowred  upon  his  or  theiVknowlci^ 
or  information  given,  that  any  frivateers^  Tirates  or  other  perfons  k:- 
fpe<Sod,  to  be  upon  any  fuCh  Unlawful  defignes,  to  grannt  Warrants  to 
the  Conflablesof  the  place,  to  Apprehend -and  Sieze  every  fiich  perfon 
or  perfons, and  If.  need  be  Hiall  afliftthe  Conflable,  and  raile  and  Leavy 
fuch  a  number  of  well-armed  men  as  he  or  they  fliall  think  meet  for 
the  Cezing  and -apprehending;  of  every  fuchperfoa  or  perfons,  and  car- 
ryrngthembeCore  the  Governour  or  fome  of  theMagdlratcSto  be  fur- 
ther e"4amiDed,  and  ■proceeded  againll  as  the  Law  dh*cfts. 

And  in  .cafe  of  any  refinance  or  refufal  to  yield  Obedience,  to  fuch 
Authority  and  Seizure,  it  fliall  be  lawful. to  kill  or  defl:roy  fucli  perfon 
or  perfons  and  all  and  &y^xj.  perfon  that/liall  oppofeor  refill  by  ilrike- 
ing  or  firing  upoft  the  O^ceriV  or  anv  that  are  by  him  commanded  for 
his  aid  and  afilfEance,  fli.all  be  deemd,  taken  and  adjudged  Capital  Of- 
.fender5,aadbepu£to  d^th;  andevery  fuch  Officer  that  ihall  omit  or 
ncgle<ii  his  duty  therein,  beirig  legal'y  convifted  within  three  moneths 
after  fuch  his  negleiS  fliail  forfeit  fifty  pounds  in  currant  Money  of  thi? 
Colony  for  every  fuch  offence  for  the  ufe  of  this  Colony. 

And  every  perfon  or  perfons  that  upon  Orders  given  him  or  them 
fhall  refufe  to  repair  immediately  with  his  or  their  Arras  well  fixed,  and 

Amu- 


si-z 

Pirates^  PrevaffcrS'  lo: 


Amunition  to  fuch  place  or  places  as  fhall  be  appointed  by  tlie  faid  Of 
ficer,  and  not  readily  obey  Iiis  Command  in  the  Execution  of  ^i'.e  pre- 
mife?,  fliail  be  liable  to  pay  a  fine  of  five  pounds  in  Money,  or  fuffcr 
fuch  Corporal  Puniniment  as  the  Magiftrate  or  County  Court  tbat  Ihall 
h^vn  rnvnW^ncp  thprpnf  (hall determine. 


1  u  c  rn>,  orporai  funii  nmcnt  r i>  u  ic  iviiiii,u  • 
have  cognizance  thereof  ihall  determine. 


JW  Attfwer  to  the  Petition  cf  fever ai  TofuerKcrsattJ  Ttt-keepcrs  Licenje^, 
This  Court/or  the  encouragement  of  the  Petitioners  and  others  Li- 
cenfed  as  the  Law  direds^Jor  keeping  Houfes  of  puhlick  Entertainment  ; 
and  for  their  fecarity  again  fi  th  great  injuries  to  themfujlained  hy  the  ir- 
regular PraStifes  of  all  mlicenfea  perfotts  % 

Do  Order,  that  allTything-men,  Grand-jur} -men  ?nd  Conftables 
in  their  refpe<^ive  places,  diligently  infpe<^  all  difordered  Houfes  that 
do  contrary  to  Law  Retail  Wine,  Ale,  Beer,  Cider,  Liquors,  ^c  with- 
out Licence,  and  to  profecute  the  wholfomeLav/s  made  againft  all  fuch. 
Diforders  :  And  do  furthep  Order,  that  one  Complaint  made  by 
any  Licenfed  perfon  againft  finy  that  are  unlicenfed,  for  tranfgrefling  in 
that  kind,  beforei  ?,ny  Magiftrate  or  County  Court,  and  being  legally 
convicted  thereof,  every  fuch  Complainant  fhall  have  for  his  Recom- 
pence  the  one  moiety  or  half  part  of  the  fine  or  fines  impofed  upon 
iuch  Delinquents, 


FINIS. 


3XO 

Addition  to  the  Law  of  Attaints. 


vn 


SEVERAL 


LAWS 

MADE      AT      THE 

General  Court 

Called  to  Sit,  and  Held  at  Bofion^   Sept.   id^^    1684 
And  Publilhed  by  their  Order, 

Edward  Raivfoff  SeCr. 


W  Hereas 'A  h  fowidly  Experience  that  the  TrovifioK 
made  hy  the  Law  tit.  Jury's  May  x(>yx.  for  relief  in 
cafe  of  apparevt  Corruption  or  Error  in  the  Jury's  gi- 
ving in  thetr  Verditt  contrary  to  Law  and  Evidence  is 
perverted  to  the  iurthening  of  the  -Countrey  with  un- 
reafonehle  troitllc^  the  great  wrong  of  Parties  concerned  wiih  unjufi  refle- 
Hioniinade  thereby  upon  the  Jury  s. 

It  is  Ordered  by  this  Court  and  Authority  thereof;  that  In  all 
Attaints  before  the  Entry  or  A'.lowance  thereof,  that  the  party  At- 
'Minting  (hall  give  in  writing  under  his  hand  for  what  caufe,  and 
ihew  how  the  fame  doth  appear  fo  to  be.    And  in  cafe  upon  a  due 

^  b  Xnal 


Additionto 
the  Law  oi 
Attaints- 

rarty  at 

tamtlngto 
give  in  ivrit 
ting  the 
caufe  of  At 
tainting  te 
fore  it  be 
allow  ecL 


Execution, 


Fine  to  f  he 
Country  i  o.li. 
JDCafc,  and  to 
■ffaffbrmer  Ju- 
^  pa  40  s:  3 
peice 

And  alfo  dou- 
ble Cotts  and 
TiterefUothe 
farty,  !>!■<■,•  in 


Fonm  I'oT  Ejie- 
' '  lion's. 


Trial  as  the  Law  provides,  the  Vcrdid  of  the  fcrmer  Jury  be  con- 
firmed ;  fuch  party  fo  Attainting  fliall  pay  to  the  Countrcy  as  a  Fine 
for  unneceffary  trouble  to  the  Court  ten  pounds  in  money,  and  to  the 
Jury-men  that  gave  in  the  former  Verdift/cr/)'y^i/l^/«_2;j  a  peice. 

And  in  cafe  the  charge  be  for  corruption,  Ic  fliall  be  lawful  for 
the  Jury  fo  Reproached,  joyntly  or  feverally  to  profecute  their  Adion 
of  Slander  aS  to  them  fliall  feem  meet  5  And  the  Plaintiffe  reproach- 
ing ihall  alfo  be  liable  to  fuch  further  Fine  to  the  Countrey  as  the 
Court  fhall  judge  meet ;  Alfo  in  all  Cafcs  where  the  former  Verdid: 
is  confirmed,  the  party  concerned  fliall  have  double  Cofls,  and  alfo 
double  Intereft  for  being  detained  of  his  jult  Debt  according  to  for- 
mer Verdid. 

Form  for  Executm. 

To  ihe  Marjhal  of  S.  or  his  lawful  Deputy ^ 

YOu  are  Required  in  His  MAJESTIES  Name  by  Virtue  here- 
of to  Levy  in  Execution  of  the  money  of  s^,  fi.  of  B,  the 
Sum  of  with  two  fhillings  more  for  this  Execution,  and  deliver 
the  fame  unto  CD.  of  ot  his  ofder,  which  is  to  faflsfie  a  Judg- 
ment the  faidC.D.  recovered  againfl  the  faid  ^,  5.  for  fo  much  in 
Money  (including  the  Cofii;  of  Court  )  upon  a  Tryal  between  them 
before  the  County  Comt  hoiden  in  B.  the  of  Amo. 
and  in  want  of  tlie  Money,  or  other  Eflate  ofihe  faid  ^.  B's  to  the 
fatisfadion  of  the  Creditor,  you  are  alike  Required  to  feize  the  Per- 
fon  of  the  faid  ^-  B.  and  him  commit- unto  the  fafe  keeping  o-the 
Prifon-keeper  in  B^  until  he  make  payment  according  to  this  Exe- 
cution, or  otherwife  be  reieafed  by  the  Creditor,  or  by  order  of  Law, 
hereof  fail  not,as  you  will  anfwer  the  contrary  at  yourperil,and  make 
return  of  your  doings  herein  under  your  hand,  as  tiie  Law  duects, 
for  which  tills  fliall  be  your  luiHcient  W  arrant ;  Dated  in  B. 

Fercuriam, 
Mutatis  Tnutandis* 
According  to  the  tenour  of  the  Ttidgmen?. 

T'^His  Court  leing  informer/  t/yat  the  numhcr  ofPerfbfis  alloweJto  $e 
Licsnfed  in  ho^ovi.  for  keeping  of  Houfes  of  Entertainment  and 
Ret  ailingWine  and  Liquor  s,$>c.c,  v.  icbout  doors^  are  not  Jufiitient  for  the 
dccoynodation  of  the  Inhahitdnis  and  Trade  of  the  Towti,  ijy  reajon  whereof 
fmdry  hiconveniencies  do  accreiv. 

Do  Order,  that  the  County  Court  of  Suffolk  may  Licenfe  five 
or  fix  more  Publick  Houfes  in  Bojlon;  theSelei^  Men  of  the  Town 
of  Boston  yearly  approving  of  the  Perfons  as  meet  and  fit  fur  that 
Impioyment. 


3Q1 

<yl<tdiTion  to  the  Law  for  firii'g  ^f  Brick s> 


lo^ 


Addition  fo 
the  La-.T  for 
iiiiig  Bricks: 


A  6'  im  ^delUion  to  and  Explanation  of  the  Law  Kegtdating  the 
fize  ef  Bricks,  made  at  the  General  Court,  May  a8. 1679. 
It  is  Ordered  by  this  Court  and  the  Authority  thereof ;  That 
henceforth  ail  Brick-:  fbg>'.  hold  out,  and  be  of  the  full  fize  and  di- 
mention  exprefled  in  the  aforefeid  Law,  even  after  they  be  fu/Scient- 
ly  Nealed  or  Burnt  j  And  to  tha;-  end  all  Moulds  for  Bricks  fhall 
henceforth  be  made  of  fuch  a  conveiiient  fize  or  fcantling,  that  the 
faid  Bricks  may  andfhaii  hold  out, and  be-ct  the  full  Dimention  pre- 
fcribedvvlien  they  are  iuificiently  Nealed  or  Burnt,  as  aforcfaid,- which 
ihall  be  fo  judged  and  accounted  Mcixhantabiie,  when  as  at  leafl: 
three  (juarters  of  every  parcel  of  Bricks  be  hard  and  through  Nealed 
Ware,  and  not  Samnell  Bricks  :  and  iox  the  du«  obfervation  hereof^ 
every  Town  {  where  Bricks  fhall  be  made  or  fold,  fl-ail  annually 
cnoofe  and  appoint  two  or  more  able  men,  each  of  which  fhall  have 
•power  to  view,  divide,  and  cull  all  Bricks  from  time  to  time,  that  fliall 
beexpofedtofale  jv/hofhallbe  Swoin  to  the  faithful  Difcharge  of  ''"'''«">  ""'^'^ 
their  Office,  and  fl^al.l  be  allowed  four  pence  for  every  thoufand  of  '^'"'^i"'"''- 
good  and  merchantable  Bricks  they  fbaii  fo  Cull,  one  half  thereof  to 
be  paid  by  the  Seller,  and.  the  other  half  by  the  Buyer;  ^nd  no 
Bricks  fhall  be  fold  or  made  ufe  of  before  they  have  been  viewed  and 
culled,  as  aforefaid,  upon  the  penalty  of  paying  twenty  fhilhtigs  in, 
Money  per  chouf^.nd,  one  half  thereof  to  the  Town  where  iuch 
Bricks  are  made  or  fold,  and  the  other  half  to  the  Informer. 


Two  CulIeN 
to  beanr.i::!./ 


FINIS 


3^3 


•^TO  Cdmmiftofters  Power. 


SEVERAL 

ORDERS  and  LAWS 

Made  at  the  Second  SESSIONS  of  the 

General    Court 

Held  at  BoJIod,  onoh  r  ^'^  1 684.        And  Printed  by  their 

Order ; 

Edward  Rawfon  Sea  • 

IT  is  Ordered,  that  m  cafe  of  Mifdemeanour  or  ve- 
hement Sufpition   thereof,  where  no  Court  is  at 
hand,  any  Magiftrate,- or  Magiftratical  Corami/Ii- 
oner,  by  Warrant  under  his  liand  or  being  prefentby 
Lommin.oners  his  command,  may  inipcwer  any  perfon  to  make 

ofM'Td"  "'"''Search  and  Apprehend  any  Diforderly  Perfon,\vhcreby  their 
rorsfufpSMifdemeanours  may  be  brought  forth  and  puniilicd,  and 
^^<:.  further  Evils  of  like  kind  prevemcd ;  which   Man  fo  Im.- 

povvred  or  Commanded,  fliall  ^  in  the  particular  he  is  Jm- 
ployed  in,  have  equal  power  with  aConftable  for  requirina: 
AidandAfliftance.  ^ 

IT  is  hereby  Ordered  j  that  it  may  and  ftalj  be  lavvfuC 
for  the  Clerks,  or  Recorders  of  any  and  every  County 
Court  of  this  Colony  to  direft  any  Execution  by  them 

drawn 


Wagiflrates  & 


SQ3 

Executions.  Count rey  Debts.   Wolves-  iir 

drawn  to  theMarfhal  General,  as  welJ  as  to  the  Marfhals 

of  the  County,  fo  that  the  perfon  who  Hiall  obtain  a  Judg-  mr/bltrved 

ment,  and  takeout  Execution,  may  imploy  which  of  them  ^y''"''*^"'^^ 

he  fhall  fee  meet ;  Provided  alwayes,  when  any  fuch  Exe  ^"''"'^^^ 

cation  Hiall  be  delivered  to  the  iVlarfhal  Genera/,  the  cofl    f 

it  fhall  not  be  greater  than  if  it  had   been  Served    bv  th 

Marfhal  of  the  County  where  the  Judgment  waJ  granted. 

THe  ConJtJeration  that  the  Countrey  is  at  great  ch 
for  tranffortation  of  Pay  to  Bofton  a^/charlftown^ 
from  the  remote  farts  of  the  Colony;  as    alfo  great    loCs  in 
Meafurc :  -' 

It  is  Ordered  by  this  Court  and  the  /luthonWfj,       c  Cou"try  dfbcs 
that  thofe  to  whom  the  Countrey  is  indebted /oTSlkr^^^^^  "i  ^^si^!" 
or  otherwife,  fliall  have  order  from  the  Treafurpr  r«       •     ^^^  f"^^^"' 
their  pay  in  the  Towns  where  they  hve  out  of  the  Sn' K- ''^ 
try  Rates,  fo  far  as  it  will  re4ch,  or  by  the  next  tL°Z' 
jacent  for  what  is  due  m  Countrey  pay-    Prnui^Jj.u' 
Payments  ordered  by  the  Tieafurer  be  conveyed  to  fw 
who  are  to  receive  it  by  the  Conftables  at  the  Co"ntmvc 
charge,  to  prevent  fo  much  lofs  and  coftfor  cati'iage 

Wffere^s  Comfhint  hath  ieen  made  to  this  Court  ^W 
mheshavehecntakenin  cne  Town  and^'Jafi 
carried  into  ctnother,  and  there  killed;  wherein  Tl    1 
Townshath  been  unjujlly  charged.  ^  ^""'^  "*^^' 

This  Court  doth  Order  and  Appoint  thsf  n«  -r 
County  fhall  be  liable  to  make  any  payment  bv  verlr?  ?'  ^olm  to  be 
Law  title  Wolves,  except  for  fnchJSh.  ^    ?  °^^^^  ""^''  «^  '''»- 
and  Wled  within  their  B^ndsT^ea^^f  'ty'^^  "-"--^ 
to  the  contrary  notwithftanding.  -^">  •^^agComottobc 


^'  paid  foi 


F    i    N    I    S. 
Cc 


3Qe 


AT       A 

General  Court 

Held  at  £<?/?<?»,  January  x8.  i  6  8  4. 


WHereas  the  Law  coHcernhg  Building  whh 
Brick  or  Stone  in  Bodon,  feems  to  Prohibit 
all  wanner  of  Buildiyig  or  Buildings^  thnu^J 
never  fo  fmall  of  Wood  or  Timber  ;  And  in 
regard  there  is  a  necefity  of  many  convenient 
T laces  about  Houfes  to  he  luiltfor  fhelter^  which  cannot  he  conve- 
niently done  with  Brick  or  Stone : 

This  Court  doth  Oi-der,  That  It  Ihall  and  may  be  lawful 
for  any  Perfon  or  Pcrfons  ro  Eredt  any  fmall  Building;  Pro- 
vided, it  do  not  exceed  eight  Foot  fqu are,  and  (even  Foot 
Studd,  of  Wood  or  Timber;  any  Law  to  the  contrary  not- 
withftanding  :  Provided  they  have  the  Approbation  of  the 
Selc(5t-men  of  faid  Town- 

By  the  COURT, 

£du>ard  Raw/on,  Secr. 


eso 


SEVERAL 

LAWS       AND        ORDERS 

MADE    BY     THE 

GOVERNOUR      AND        COMPANY 

Oi  tht.  MASS  AC  HV  SETS    BAT    in      NE^-EMGLAND. 

A    r         THE 

General  Court 

Held  at   Bofton,  May  zj^^      l  6  S  s- 

Asalfoata    GENERAL    C  O  U  R  T  Held  at  Bo/?^«  on 
the  14th  of  Odober^  \6Z$. 

And  Printed  by  Order, 

EDWARD       nAfrSOlf    Secretary 


AS  an  ^dcl'/t'rot  to  the  Law  tit.  Impojls  ; 
It  is  Ordered  by  thi/ Court  and  ilic  Authority  tticreoT;  That 
all  Mafter.f  oC  .Ships  or  orlier  VelTeis,  rhatlhaH  bring  intoour  Harbciurs 
any  Wines,  or  Strong-waters,  the  faid  Maftei-s  ihall  before  rhey  break 
Bulk,  give  a  true  and  juft  Account,under  his  or  their  hand  unto  the  Na- 
val  O'ficer^oi  rhc quantity,  and  lorts  of  Cask  iic  hath  on  Board,  with 
^he.  Marks  &  Numbers  of  the  fannc,  &  the  perlons  names  to  whom  it  is 

D<-  Con 


sso 

122^         Damage   in   Vielcby   Attachments^  Wills. 


■%b 


Configncd,  or  dothtelong,  upon  forfeiture  of  paying  the  full  duty  ap- 
pointed by  Law,  if  any  be  found  which  the  faid  Mafter  gave  not  ac- 
count of;  Aiidthat  the  Owners  or  Receivers  of  fuch  Wines  or  Li- 
quors do  before  it  be  landed,  malie  a  true  Entry  with  the  Officers  of 
the  full  quantity,  upon  forfeiture  of  what  fliall  be  found  more  tlian 
by  them  Entred,  or  the  value  thereof;  And  that  the  Owners,  or  who 
fuch  Wines  or  Liquors  are  Coniigned  to,  do  pay  down,  or  give  under 
their  hands  to  the  Officer  for  tlie  payment  of  the  duties  in  fome  con- 
venient time  ;  Provided  this  bind  the  Mafter  no  further  than  to  enter 
all  fuch  Goodj  for  which  he  hath  figced  Bills  of  Lading.  And  if  any 
more  appear  to  be  on  Board,  taken  in  without  the  Matters  knowiedg, 
he  lliall  have  hberty  of  a  Poft  Entry. 

WHereas  there  is  a  general  Complaint  in  raany  Tcivns  within  this 
Jurifdiffion,  of  great  ahufes  offered,  and  damage  to  particular 
pe.foHr,  in  the  laying  open  of  their  Proprieties^  hy  Breakings  or  laying  down 
their  Fences,  Barrs  or  Gates  ;  for  the  prevention  cf  fuch  Diforders  and 
unlawful  agings  for  the  future ; 

It  u  Ordered  by  thi^  Court  and  the  Authority  thereof.  That  any 
perfon  or  perfons,  who  (hall  prefume  from,  and  after  the  FubUcation 
of  r'c^"'^''"^  hereof,  to  breal:  down  any  Fence,  Stone  wall,  or  lay  open  any  Gates 
or  Barr^  break  or  open  any  Locks  fafiened  to  fttch  Gates  or  Barrx 
standing  upoa  any  mans  Propriety  or  Inclofure  ( uplefs  in  cafe  of 
cjaiming  and  making  out  of  f'*^'"  to  Itich  I  and  )  which  perfon  or 
perfons,  upon  due  convidion  of.foch  ofie'nce,  iliall  be  fined  tu;enty 
/hillings  in  money,  one  half  to  the  ufe  of  the  County,  the  other  half 
to  the  party  injured  ;  and  lliall  alfo  be  liable  to  pay  all  fuch  damage  as 
any  perfon  may  fuflain  in  his  Propriety  or  Inclolure  thereby,  to  be 
judged  of  by  the  Court,  or  other  Authority  that  iLall  have  the  cog- 
nizance thereof,  or  otherwife  to  be  reccvercd  in  a  due  Proccfs  of  Law. 

IT  is  Ordered,  That  every  Treafurer  notwithftanding  the  explra- 
ration'of  his  Office,  ihall  have  35  full  pov/er  for  the  profccuLion 
ot  the  feveral  Conftables,  and  colleftion  of  the  Rates  which  v/cre  iffued 
out  and  committed  to  them  in  his  time;  alfo  for  the  gathering  in  alt 
other  Dues  arifing  to  the  Countrey  by  virtue  of  the  Lav/s,  tit.  Impojls, 
and  hjpojl  0)1  Wine  and  Strong  Liters  during  his  Treafurerihip,  as  he 
was  Impowred  to  do  whilft  in  that  Office. 

Timefof  r-r  T^  ^'  0»-dered ;  That  all  Attachmcnt-r  in  Civil  Aftlon^  between 
v\^g  Actuch'  X  P^''T  ^n<^  P^i'ty*  ^all  be  ferved  fourteen  dayes  inclufive  before  the 
loents.  Co/Jrt  or  time  of  Trial ;  any  former  Lav/  or  Cuflom  to  the  contrary 

rotwithftanding:  And  tlie  like  time  to  bcattended  in  giving  in  Rcafons 

of  Appeal. 


Treafurers 

power. 


A 


S  an  i^dditicn  to  the  Law^  tit.  Wi/ls  : 

It  is  Ordered  by  this  Court  and  the  Authority  thereof  That 

the 


33X 

mils,  1 2 

the  Magiflratex  of  each  County  Court  in  this  Jurifdid:ion  being  annu- 
ally chofsn  by  the  Freemen,  fliall  have  full  power  and  authority  t  as 
the  Ordinary  in  Efiglvid)  tofummonj  any  Executor  or  E::ecutors  ap- 
pointed to  the  Will  oi  any  deceafed  perfon,who  have  declared  hi^  or  their  JJur R^pT^S 
acceptance  of  that  Truft,  by  offering  the  faid  Will  for  probate,  or  o-  with  rrfs- 
therwife ;  requiring  him,  her  or  them,  to  give  Bond,  with  fu/ficient  "^"^"'^ '°  '^"'^ 
Sureties  for  paying   all  Debts  and  Legacies,  or  to  make  and  exhibit 
unto  the  Court  upon  Oath,  a  jufl:  and  true  Inventory  of  all  the  known 
Landx,  Tenements,  Goods  and  Chattels  of  the  Deceafed;  And  in  cr.fe 
fuch  Executor  or  Executors  fliall  negledt  or  refufe  foto  do,  (aid  Court 
fhall  proceed  againft  fuch  perfon  or  perfons  by  impofing  a  fine  or  fines 
upon  themj  not  exceediiig  ten  pounds  per  Monetb  for  every  monethx  de- 
fault after  the  expiration  of  the  time  that  fhall  be  appointed  by  the 
faid  Court;  for  bringing  in  an  Inventory  .•    And  upon  complaint  of  any 
Creditor  or  Legatary  they  fliail  call  any  Executor  or  Executors  to  ren- 
der an  account  of  hi^  or  their  Adminiftration. 

And  iUs  further  Ordered ;  that  the  faid  Court  fhall  have  full  powet 
to  receive  any  Information  or  Complaint  from  any  Legatee  or  Credi- 
tor againft  any  Executor  for  the  detaining  any  Legacy  or  any  Legacies 
given  by  the  Teftator,  or  Debt  due  from  faid  Eftate  ;  and  to  grant 
.S'ummons  and  Procefs  as  is  ufual  in  other  Cafe^  for  the  appearance  of 
fuch  Executor  or  Executors,  at  dayes  and  place  afligned  by  the  faid 
Court  ;  and  upon  negledt  or  refufal  to  appear  accordingly,  the  Court 
ihall  proceed  to  the  hearing  of  the  Complaint,ttnd  to  make  their  decree 
and  determination  thereon,and  to  grant  forth  Execution  for  the  fulfil- 
ling thereof ;  likcwife  to  hear  and  determine  all  Cafes  relating  to  Willf 
and  Adminiftrators,  and  to  make  tlieir  Decrees,  and  grant  Executions 
thereupon,  allowing  to  the  party  agrieved  liberty  of  Appeal  to  the 
Magiftratcj  of  the  next  Court  of  Afliftants,  fuch  parties  attending  the 
Law,  as  in  other  cafes  refpedling  Appealx  :  Ahvayes  provided,  that 
where  matter  of  Fad  is  controverted,  then  either  Plaintiff  or  Defen- 
dant may  have  a  Tryal  thereof  by  a  Jury,  if  it  bedefired,  with  libeirty 
of  Appeal  to  the  next  Court  of  Affiftants,  a:  the  Law  dircds;'  any 
Law,  Ufage  or  Cuflomc  to  the  contrary  aotwithftanding. 


r    T    N    r    S' 


SOQ 


883 


The  customar\-  cut  of  the  Colony  arms  is  necessarily  omitted  lo  bring  this 
page  to  the  size  of  the  otliers.  w-  h.  w. 


BY    THE 

GOVERNOUR      AND        COMPANY 

Oi  x.\\z  MAS  SAC  HV  SETS    BAT    ia      NEIF-ENG  LAND 

At  ^ 

General  Court 

Held  at  Bollon,  on  Adjournment,    Feh,  i^th     1685-. 


A 


S  an  Explanation  bf  and  Addition  lo  the  Law  title  Wills  ; 
Whereas  the  Mcigiflrates  or  Memhers  of  the  refpc^ivc  Coun' 
ty  Courts  have  alwjyes  had  power  to  Rea'tvc  and  Record  all 
Probates    ofWiUs^and  ofGrauMtiug^dn)iniJirations,&i.C, 


It  is  further  Ordered  by  thij  Court  end  the  Authority  thereof. 
That  each  County  Court  within  this  Jurifdidion,  fliall  ha\e  full  po- 
wer and  authority  from  time  ro  time,  as  they  fhall  fee  caufe,  to  Sum- 
mon any  Executor  or  Executors  ofany  deceafed  Pcrfons  lj.ft  Will  and 
Ttrtament  legally  Proved  and  on  Record,  to  appear  before  the  faid 
Court,  and  to  Require  Him,  Her  or  them  to  make  and  exliihit  into 
the  Rcgiftry  of  the  Court,  a  jufl:  and  true  Inventory  upon  Oath  of 
all  the  known  Lands,  Tenements,  Goods  and  Chattels  of  the  Dccea- 
flxl,  or  to  give  Bond  with  fulKcient  Sureties  for  the  paying  of  all 
Debts  and  Legacies  of  the   Dcccafcd.     And  in  cafe  luch  Lxccutor 

E  c  or 


126  Wills 

ot  Executors  fliall  negled:  or  refufe  fo  to  do  for  tlie  fpace  of  thirty 
days  next  after,  or  fuch  further  time  that  the  faid  Court  flinU  to  them 
limit  and  appoint ;  the  Court  flnall  proceed  againft  fuch  Perfons  by 
Impofing  a  fine  ca'  fines  upon  them,  not  exceeding  ten  pounds  per 
Moheth  ior  every  MonetlxS  default  after  the  expiration  of  faid  time 
To  appointed.  Alfo  upon  the  complaint  pf  any  Creditor  or  Legata- 
ry, to  call  any  Executor  or  Exscutors  to  render  an  Accompt  of  his  or 
their  Adminiftration* 

And  it  is  farther  Ordered  By  this  Court  and  Authority  thereof, 
that  the  County  Courts  refpedtively  fliall  have  full  power  to  receive 
any  Information  or  Ccmplamt  from  any  Legatary  or  Creditor  sgainft 
the  Execufor  or  Executors  to  tlie  Will  of  any  deceafed  Perfon,  for 
the  detaining  from  Him,  Her  or  Them  any  Legacy  or  Legacies  givea 
by  the  Teftator,or  Debtduc  from  the  Eftate  ot  fuch  Teftaror,'  and 
to  grant  forth  Summons  or  Procefs",  together  wi  h  a  Copy  of  faid 
Complaint  orlnformation  annej^ed  for  the  appearance  of  fuch  Exe- 
cutor or  Executors  before   faid  Court;  the  faid  Warrant   with  the 
Libel  annexed,  to  be  ferved/£?«/-/ff«  (/^jwinclufively  before  the  day 
appointed  fory4ppearance:    And  it  fhallbe  in  the  power  of  the  Court: 
to  Order  the  time  of  Hearing,  at  their  firfl;  Seflicns,  or  at   any  Ad- 
journment of  faid  Court,  as  to  therri  fliall  feem  meet  ;  and  upon  ne- 
gled or  refufal  of  fuch  Perfon  or  Perfons  to  appear  accordingly,  the 
Court  fliall  proceed,  to  the  Hearing  of  the  Cafe,  and  make  their 
Judgmisnt  or  Decree  therein,    and  grant  forth  Execution  for  rhe 
fuJftlting  thereof;  likewife  to  Hear  and  Determine  all  Cafes  relating 
unto  Wills  and  Adminiflrations,  and  to  grant  forth  Execution  upon 
their  Judgment  given  therein. 

Alwayej  provided,  that  where  matter  of  Fadl  if  controverted  then 
either  Plaintiff  or  Defendant,  defiringthe  fame  before  I/Tue  joyned. 
may  have  a  Trial  tliereof  by  a  Jury,  to  be  forthwith  Summoned  by 
Warrent  from  faid  Court,  if  there  be  no  Jury  then  Impannellcd  j  the 
faid  party  or  parties  making  their  whole  Plea  or  Allegation  as  to  all 
inatterx  of  Fad,  at  their  firft  hearing  and  Anfwer,  that  Juftice  may 
not  be  delayed .'  allowing  liberty  for  any  party  agrieved  at  the  Judg- 
ment and  Determination  of  the  Court,cr  Verdid  of  the  Jury,  to  Ap- 
peal to  the  next  Court  of  Affiftants,  giving  in  their  Reafons  of  Appeal 
zs  the  Lav/  dire&s  in  other  Cafes.  And  every  Perfon  before  his 
Complaint  be  received  andadmitted,{ha!l  give  Caution  unto  theCourn 
to  the  value  of  tentomJs  in  Money  to  refpond  alS  fuch  Charges  and 
Fees  as  the  Court  mall  award,  any  JLaw,  Ufage  or  Cuftome  to  the 
contrary  notwithflanding  ,•  Provided  this  Law  fliall  not  be  undcrflood 
to  debar  any  perfon  or  perfons  from  Proceeding  in  the  former  and  ufu- 
al  courfe  of  Law  for  the  recovery  of  any  Debt,  oi  Legacy  due  from 
theEflateof  any  Deceafed  pcrion,expre(ly  determineaby  Will. 

And  the  Law  Intituled  y^i  Addition  to  the  Law  title  WlLLS^M^idQ 
QHoh.  14th- 1685-.  IS  hereby  Repealed. 

By  the  Conn,  EDWARD      RAWSON    Secretary^ 


3SS 

APPENDIX 


In  Hutchinson's  volume,  besides  the  various  supplementary 
sheets  of  the  Laws,  he  inserted  several  other  broadsides  issued 
by  the  secretary  which  did  not  seem  to  belong  in  the  text. 
With  two  exceptions,  these  were  orders  of  the  Council,  distinct, 
of  course,  from  Laws  made  by  the  General  Court.  He  also 
inserted  two  laws  in  manuscript,  and  it  has  seemed  best  to 
reprint  these. 

The  documents  are  as  follows  :  — 

1.  After  p.  43  (my  page  243)  he  inserts  the  Council 
Order  of  Api-il  4,  1G76.     (See  p.  337.) 

2.  Also  three  pages  of  Sunday  Laws  aljout  Tythingmen; 
apjjarently  a  special  issue  or  compilation  for  their  use.  (See 
pp.  339-341.) 

3.  After  p.  48  (my  page  248)  he  inserts  the  Court 
Order  of  May  3,  1676,  about  Soldiers  impressed.  This  is 
merely  a  separate  reprint  of  the  law  printed  on  \>.  240,  and 
therefore  does  not  deserve  a  place  in  the  text. 

4.  He  also  inserts  here  the  Council  Order  of  'March  29, 
1677.     (See  p.  345.) 

5.  He  also  inserts  the  Council  Order  of  April  0,  1677. 
(See  p.  347.) 

6.  After  p.  59  (my  page  259)  he  inserts  the  Council 
Order  of  March  28,  1678.     (See  p.  349.) 

7.  After  my  page  285  he  inserts  the  manuscript  of  the 
Law  of  March  16,  1680-1,  about  Innkeepers.     (See  p.  351.) 

8.  After  my  page  327  he  inserts  the  manuscript  of  the 
Law  of  March  18,  1684-5.     (See  p.  353.) 

9.  After  the  last-named  he  adds  the  Council  Order  of 
April  2,  1685.     (See  p.  355.) 

AV.    II.    WIIITMORE. 


333 


ssv 


AT      A 


COUNCIL 

Held  ^.t'BOSTOOX^  April  the  ^^tk  i6'j6. 


WffercAS  divers  Inhnbltants  Are  retired  from  out  Towns 
into  the  nearer  Tewns,  and  there  make  their  fnpnt  a- 
bode  :  cad  it  is  of  public!:  conctrnment  thdS  all  fnh  be 
under  due  Government  and  Improvement  : 
It  is  Ordered,  That  the  Selcd  Men  in  each  Town  fliall  Immedi- 
ately upon  the  receipt  of  this  Order,  and  fo  from  time  to  time  apply 
ihcmfclvcs  with  all  diligence  to  take  a  particular  account  of  all  Pcrfons 
and  Families  fo  coming  unto  them,  requiring  them  if  need  be  to  appear 
before  them  that  they  may  bt  fully  informed  of  their  ftatc  and  way  ot 
living,  and  how  they  difpofc  of  themfelves -.  And  the  (aid  rclpcdive 
Sclcd  Mcnare  furtncrimpowredand  required  to  ta'<t  effe(5lual  care 
that  the  Incomers  aforefaid  fcctiethemfclvcs,  or  be  by  them  fettled  in 
fomc  orderly  and  diligerjt  way  of  Imploymcnt  and  Government,  efpe- 
cially  fingle  and  younger  perfons,  who  are  all  of  them  hereby  required 
to  yield  Obedience  unto  the  Dilpcfal  and  Order  of  the  Select  Men 
accordingly. 

BytheCOUNCIL 


Edwaxi^^ufon  Seer. 


330 


33Q 

Tjthittg-meP' duty 


SUNDRY    LAWS 

Made  by  the  (jeneial  C^H      Wherein  tbeVn- 
ty  of  Ty thing  Men  is  exprejfed^  vir^ 

XT  is  Ordered;  That  all  private  anIicenfedHoufes  of  Enftrtainment  be  di- 
ligently fcarchcd  out,  r.r.d  the  penalty  in  the  La  wttriaiyimpofed'  and 
that  all  fuch  Houfcs  niay  be  the  better  djfcovered,  the  Seled-men  of  eve- 
ry Town  (ball  chufc  feme  fober  and  difcreet  perfons,  to  be  authcrixed 
from  the  County  Court,  each  of  whom  (hall  take  the  charge  often  or  twelve 
Familyes  of  his  Neighbour-hood,  and  fhn!l  diiigenrly  infpca  them  and  prefcnt 
the  Names  of  fuch  perfons  fo  tranfgrcffing  to  the  Magiftrate,  Commifli<vner  or 
Selea-mcn  of  the  Town,  who  fliali  return  the  fame  to  be  oroceeded  mth  k     u     ^y  thir  g-mea 
next  County  Court  as  the  Law  dirc£J. ;  and  the  perfons  fo  chofen  ind "aThori     SScas 
zed,  and  attending  their  duty  faithfully  therein,fhail  hive  one  third  oftheFn 
allowed  them ,  but  if  negieaive  of  their  duty,  they  ftall  incur  the  fame  oenll^ 
provided  againft  unlicenfcd  Houfes.    Madeoffc^.   ,c.  i6j%^  tr^^uy 

»onx>lthfiandtr,g  the  whcfjcW  Lam ,«  force  cfoinfi  ttt  /«w  J  ^-^ 
jlddtitoH  to  th/'t  Law.  ' 

This  Court  doth  Order;  that  the  Conflable  with  ft/ch  other  perfoncr  per- 

l?Jnt?Llft^ltfN3^r  re      Y^  '"fp^^ Particular FamUye..^and  Wieoerfcrto 
prefentaL,ftoftheNamescfaIi.dlepcrfonstotheSelca.men,jHho  nrehere  >  ^^V'^^^'i* 
by  ftr.aly  required  to  proceed  „uh  them  as  already  the  Law  dircQs.li"?,'n  ^'' 
cafe  of  obft.n=cv  by  charging  the  Conftable  with  them,  who  fball  convey  th.jj 
to  forac  Magiftrate  by  htm  to  be  committed  to  the  houfc  of  Corf wftion. 

nnH«  Co,rt  htmj'prou,  U  frtvintntt  cccaHo,,,  ofCompldnt  rifcfyiMto  ihi 
X     PJ-ornn^'to^  of  tk(SMath,<,„d  as  an  addition  to  forrn^La\^si         ^ 
DoOrcierandEnift  ^  That  the  Scleft  men  do  fee  to  ."t  that  there  b- me 
man  appomted  to  mfpef:  me  ten  lamilycs  of  their  NtJshbcurs;  which  TvtF-S!  To  JnfpeftSab 
man  or  men  fhall,  aod  hereby  ha  .e  power  in  the  abfcncc  ofthcConftabIc  to -f-  '«'»>-''«"''' 
prehendaIlSnbb.-th-breakers,  Diforderly- Tipitrs,  and  fuch  as  Ioccd  liccnf.H 
&oules,or  others  that  (hall  fufTcr  any  DifJrd.i;  in  tV^r  Houfe  on  the'  s'bbfch 
day,  or  evening  after,  or  at  any  other  time.  &nd  to  c?rrv  them  before  a  M,i- 
ftrate  or  other  Authority,  or  corrm.t  to  prifon  (as  a^M^^^^^^^^^ 
proceeded  with  according  to  Law.  y  v,wi.«floin.iayaojtobe 

And 


S40 


And  for  the  better  putting  a  reftraint  and  fccuring  Offenders  that  (hall  an^f 
way  tranfgrdfs  againft  the  Laws  r»«.  Sabbetb,  cither  in  the  Meeting-houfc  by 
any  abufive  carriage  or  misbehaviour, by  making  any  noife,  or  othenvife,  or  du-; 
Ting  the  day  time  being  laid  hold  on  by  any  of  the  Inhabitants,  (hall  by  the  laid| 
perl'on  appointcff  tD  hifps^i  this  Law,  be  fonhwith  carryed  forth  and  put  into  a 
Cage  in  ^oy?cn  which  is  c? pointed  to  be  forthwith  by  iheSeJea-menfetupin 
the  Market  place,  and  in  fuch  ether  Towns  as  ^q  County  Courts  (hall  appoint, 
there  to  remabi  till  Authority  (hall  examine  the  perfon  offending,  and  give  or- 
der for  his  puniftimeotj  as  the  matter  may  require,  according  to  the  Laws  rela-. 
ting  to  the  Sabbath.  Hz^qMc-jzi.  iCC-^, 

IT  is  Ordered  by  this  Qonit  and  the  Authority  thereof  •,  That  the  Law  Tit. 
Oathes  and  Subi'aiptions,  fag.iia.  ScCt.  2.  requiring  sU  perfons,  as  well 
Inhabitants  as  Strangers  (that  have  not  taken  it)  to  take  the  Oath  of  Fidelity  to 
the  Country,  be  revived  and  pot  in  prafiice  through  this  Jurisdidllon.     And 
'  -*«lthe^°'^  ^^^  ^'^^^  effeaual  execution^thereof,  It  is  Ordered  by  this  Court ;  That 
tekingttie       ^^^  Seleft  mcD,  Conftables,  and  Tything-raen  in  every  lown.  do  once  every 
Oath  of  Fide-  quarter  of  a  year  fo  proportion  and  divide  the  precinfts  of  each  Town,  and  goi 
lity.  from  houfe  to  boufe,  and  take  an  exaft  lift  of  the  Nsmes,  qnairty  and  callings 

ofevery  perfon,  whether  Inhabitant  or  Stranger,  that  have  not  taken  the  faid 
Oath,  and  cannot  mske  d':;?  proof  thereof  ^  and  the  Officers  aforefaid  are  here- 
by required  forth  :  names  of  fuch  perfons  unto  the  next  Magi- 
ftrate  or  County  -^fary  Officer  in  the  Town  whei-e  no  Magi- 
ftrate  is. who  are  ■■.  perfons  the  faid  Oath  prefcribcd  in  the 
Law,  wherein  not  only  Fi  Country,  but  Allegiance  to  our  King  is 
required.  And  all  fu*:!^ '  Oaih  (hall  be  Recorded  and  Enrolled  in 
the  County  Records  h  ch  County  Court.  And  a  II  fuch  as  re - 
fufetotake  the  faid  Oat  fnft  as  the  faid  law  di- 

refts.    And  further,  this „..  _i,...  .^ —-„    jilfnchrefuferstotake 

the  (aid  Oath,  (hall  not  have  the  benefit  of  our  Laws  to  Implead,  Sue j or  reco- 
ver cny  Debt  in  any  Court  or  Cowts  within  this  ■'iion,norhaveprotefla* 
on  ffom  tlnis  Government  whileft  they  continue ;  aflinate  refuiaC 

And  furthermore,  It  is  Ordered  ^  That  if  any  Officer  intrufted  with  the  Ex- 
ecution of  this  Order,  do  negieft,  or  omit  his  or  their  duty  therein,  they  (hall 
be  fined  according  to  their  demerits,  not  exceeding  five  pounds  for  one  offence^ 
being  complained  of.  or  prefented  to  the  County  Courts  or  Coun  of  Afliltants- 
And  this  Law  to  be  forthwith  Printed  and  PubU(hcd,  and  cffeAuaily  executed 
from  and  after  the  laft  of  November  next.  And  that  all  perfoni  that  adminifter 
the  Oath  abovefaid,  (hall  in  like  manner  make  return  of  the  Names  of  fuch  per- 
fons fo  fwom  to  the  refpeftive  Clerks  oi  the  Couitty  Co jrts.  Made  Odobej 
10.  I  6  7  7. 

AS  an  Acic^tietttotheLae  LaMi  made  iiiy\zy  hfit  for  the  freventhn  of  the 
Frophanction  of  the  SabL^tb^  and  firevgtbening  the  hanit  ofTything-mm 
affointcd  to  infueil  the  fr.me: 

It  is  Ordered  that  thofe  Tythingmen  (hall  be,  and  are  hereby  appointed  and 

Furtlicr  dire-   jmpowred  to  infpeft  publick  Licenfed  Houfes  as  well  as  private,  and  unlicenfed 

^'abMcrtie'   l^o^^"^  of  entertainment ',  as  alfo  f  Ex  Officio  3  to  enter  any  fuch  Houfes,  and' 

Sabbath.         difcharge  their  duty  according  to  Law  :  And  the  faid  Tythingmen  areirapow^ 

red  to  affift  one  another  in  their  feveral  Precinfts,  and  to  aft  in  one  anothers 

precinfts  with  as  (ull  power  as  in  their  own,  and  yet  to  retain  their  fpecial  char^ 

ges  within  their  own  bounds, 

And  it  is  Ordered^  That  the  whole  Fine  raifed  by  the  penalty  of  this  Law  up- 
on Delinquents,  either  in  publick  or  private  Hou(fes, (hall  be  remitted  to  the 
Couaty  rrcafureC;  and  the  Tychinp  mens  allowance  made  payable  from  him. 


Tjthi»i-ma»  duty  andO^th. 


I 


T  isOrdered  by  this  Court  and  the  Authority  thtrcofjthst  henceforth  the  S?- 
_  Ie>H:  men  of  each  Town  take  care  that  Tything-ratn  be  Annually  chofcmn 
their  feveral  precinfts  cf  their  tnoft  prudent  and  difcrcct  Inhabiiants,and  fworn"*'^'"?-"^-' 
to  the  faithful  difchargs  of  their  trjft  (where  no  Magiftrate  or  Comnu/Tioneri^^^^'"''*  ^ 
k'rs)  before  the  Sele£i  men  cf  the  piace,  and  the  faid  Tything  racn  are  required*"       ' 
diligently  to  infpcft  all  hoaf;:  liccnfed,  or  unliccnfed,  where  they  fhall  have  no- 
tice, or  have  ground  to  lufpeft  that  r.ny  pcrfon  or  pcrfons  do  fpcnd  their  time 
or  Eftatcs  by  night  or  by  day  ;  in  Tipling,  gaming,  or  otherwife  unprofitably, 
OP  do  fell  byretayle  within  dorcs  or  without,  ftrong  drink,  wine,  alp,  Cider, 
Rhum,  Brandy,  Perry,  Methcglin,  o^-f.  without  licenfc,  and  into  faid  houfes 
where  fuch  diforders  (hall  by  them  be  found,  they  may,  and  are  hereby  requi- 
red and  impowred  to  enter  into  and  make  fcarch  in  their  Cellars,  or  any  other 
places  within  or  about  the  fara;  where  they  may  fufpscV,  or  have  notice,  that 
Wines,  ftrong  beer,  Ale,  Cider,  Perry,  Matheglin,  Rhum,  Brandy,  c^c.  are 
lodged  i  and  in  cafe  they  fhall  find  any  quantity  of  either,  whereof  the  Owners 
do  not  give  laid  Tything  men  a  fatisfaftoryaccoont  of  their  having  the  fame, 
any  three  of  ihera  agreeing,  they  (hall  by  Warrant  from  any  Magiftrate,  or 
CommilTioncrs  inveftcd  with  Magiftratical  povrer,  or  (vvhere  no  Magiftrate  is 
within  five  miles  of  the  place)  they  fliall  without  Warrant  requiring  the  aid  of 
the  Conftable,  fcize,  carry  away,  and  fecure  all  fuch  Wines,  ftrong  Beer.  Ale, 
Cider,  Perry,  Matheglin,  Rhum,  Brandy,  e^r.  and  prcfcnt  an  account  thereof 
with  the  names  of  the  perfons  from  whom  they  took  it  to  the  next  Magiftrate, 
or  Commiflioner  of  the  Town  where  any  be  that  are  invcfted  with  Magiftratical 
povver,  who  may,  and  arc  hereby  impowred  to  proceed  againft  faid  delinquent 
parcyes,  and  difpofc  of  faid  Wines,ftrong  Beer,c^B.  as  to  them  (ha'J  fcem  mectj 
and  if  for  value  more  then  ten  pounds,  they  are  then  to  bind  faid  partyes  over 
10  the  County  Court,  to  be  there  proceeded  againft  as  the  Lawdirefts.     In  all 
^•hich  Cafes  full  rccompcnr  c  fhall  be  made  to  the  Tythingmdn,and  other  Offi- 
iccrs  for  all  their  care, trouble  &  expcnces  in  fcarching  and  fccuringfaid  goods, 
and  the  remainder  of  the  Goods  fcizcd,  or  value  thereof,  where  the  Magiftrate, 
County  Court,  or  Coramirtioncrs  Court,  that  have  orderly  Cognizance  thereo/, 
fhall  not  fee  rcafon  to  return  the  fame  to  the  partyes  from  whom  it  was  taken, 
the  fame  (hall  be  put  into  the  County  Trealury. 

Alfo  the  Tything  men  ate  required  diligently  to  infp/;flthe  manner  of  all  dif- 
^rderly  pertons,&  whereby  more  private  36  monitions  they  will  not  be  reclaim- 
ttd.they  are  from  time  to  time  to  prefent  their  names  to  the  next  Magiftrate,  or 
Commilfioner  inverted  with  Magiftratical  power,  who  fhall  proceed  againft 
them  as  the  Law  direfts,  as  alfo  they  are  in  like  manner  to  prefent  the  names  of 
aU  fingle  pcrfons  that  live  from  under  Family  Government. ftubborn  &  diforder- 
ly  Children  &  Servants.night-walkers.  Typlers,  Sabbath- breakers,  by  night  dc 
by  day,  and  fuch  as  abfent  themfelves  from  the  publick  Worfhip  of  God  on  the 
Lords  daycs,  or  whatever  elfecourfe  or  pradlicc  of  any  pcrfon  or  perfons  what- 
focvcr  tending  to  debauchery,  Irrcligion,  prophancfs,  and  Athcifm  arnongfl  us, 
whether  by  oraiflion  of  Family  Government,  nurture  and  religious  dutyes  and 
inftruftion  of  Children  and  Servants,  or  idle,  profligate,  uncivil  or  rude  prafti- 
ccs  of  any  fort.thc  names  of  all  which  perfons  with  the  faft  whereof  they  arc  ac- 
cufcd,  and  witncfTcs  thereof,  they  (hall  prefent  to  the  next  Magiftrate., or  Cotr  - 
jniffioncr^  where  any  are  in  the  faid  Town  inveftcd  with  Magiftratical  power, 
who  fhall  proceed  againft  and  punifh  all  fuch  mifdemcanours  by  Fine,-  Impri- 
fonment,  or  binding  over  to  the  County  Court  as  the  Law  direfts. 

\TXTHereatyif4    A.    B.   ertchefsna  Tythin^-mattvith-nths  Tovntf  D. 
V     V     for  ofiijear^  until  ether t  be  chofitt  and  fworn  tn  your  room  andflcad.,jou  -    . .      , . 
Jo  here  frvear  tf  the  living  Godthts  jouVfiS  tUligcntly  endeaveur^  and  to  thi  utmofi  olth!"^      '^ 
ofjoor  Al>tlitj  perform  anc'.  intend  tL  iutf  of  four  place  accordiug  ti  the  particftlars 
fpicifiedin  (hi  Itawi  fceuiiar  to  par  Ofidt  St  helpm  God. 

B?UiC  Court,  Edve.vd  Rjr^^fcrii  Sccr« 


S4a 


343 


GENERAL    COUR  T 

Held  at  Bollon  ths  :^^-   of  May 


T His  COURT  taking  inco  Confideracion  the  great  Difappointment  cht-  Coun- 
trcy  hath  fuflfred  by  rcafon  of  non-apptarance  of  Souldicrs  impreiTed  toe 
feveral  eiipeditions  .-  Do  judge  meec  chat  every  perfon  ImprcfTed  as  a  Soul- 
dier  for  the  Service  of  the  Country,  and  neglertmg  to  make  his  appearance 
according  to  Order  :  every  fuch  Foot  Souldier  (hall  pay  che  fura  of  four  pounds,  and 
every  Trooper  (hall  pav  the  fum  of  fix  Pounds  :  and  if  their  ncglccis  or  refufal  be  ac- 
companied with  Retradorinefs,  Refledion  or  Contempt  upon  Authority,  fuch  perfons 
(hall  be  pumflied  with  Death,  or  fome  other  grievous  punifhiuent. 

And  the  Committee  ot  Vfilitia  in  the  feveral  Towns  where  the  offence  is  committc^i 
areherebyimpowred  and  required  to  call  before  them  all  fuch  as  fhali  be  Dciinqucnts 
as  is  above  cxprcfTed,  and  on  Convidion  of  their  negled  to  give  Warrant  to  the  Con- 
ftable  to  levy  the  faid  fines,  which  faid  fines  fhali  be  improved  to  purchale  Arms  for  the 
Towns  ufe  •,  Provided  it  fliall  be  m  the  power  of  the  Council  upon  Petition  of  any  per- 
fon agricved,  and  jull  reafonalleadged  and  proved  to  make  abatement  of  the  faid  fines 
asin  their  wifdome  and  difcrction  they  fhali  judge  meet.  And  it  is  hereby  Ordered 
that  the  return  of  all  negjeds  and  dcfcdv  in  the  cafes  aforefaid,  be  fciit  to  the  Com- 
mittee of  Militia  in  the  feveral  Towns,' who  arc  hereby  required  to  take  care  for  the 
Ikid  Execution  hereof. 


By  the  COURT  Ed'warc/  l^a^/on  Seer. 


S-3L4: 


At  a  Court 

Held  at  BoRonm 

NBVViEN  GLAND 

the  2p'*-  of  (LMarch^      1677 

THe  CO  UN  C  1  L  (>eing^  informed^  that  fme 
ftnnge  Indians  ^who  have  been  in  Hofldtty  cgainlt  vs 
Or  have  lived  amenpjl  JLch^  are  brought  into  this  -furtf- 
di^ion^  dnd  bough  fj  fcverd  perfons-,  which  cmfeth 
much  trouble  and  fear  to  the  Inhabitants  where  they  re- 
fide,dndmrjheofdangerouiconfeciuence.  not  only  to  the  Towns  »/herC 
they  Uve^huttothewhole  ^urifdiiiion-iifnvt  timely-prevented: 

It  is  therefore  Ordered  that  what  perfon  focvcr  within  this  Ju- 
rifdiftion  (hall  hereafter  buy  or  keepabovetendaycs  after  the  pub- 
lication hereof,  any  i'uch  Indian,  Manor  Woman  already  bought, 
abovetheagcoftweJveyears,  without  allowance  from  Authority, 
ftiall  bcfidcs  the  forfeit  of  fuch  Indian  or  Indians,  pay  the  fine  of 
five  pound  tothe  Treafurer  ofthe  Country,  and  the  Confta- 
blcs  of  the  feveral  towns  are  ordered  foahwith  to  publjfh  this 
Order  in  the  rPrccin'fts. 


By  tk  COUNCIL,  Edward  Rawfon  Sfecr- 


S40 


S-Oz-Z 


oJtACOVD\iCTL 
Held  atXostontk  ^tb.ofA^ril,  1677 

^^^HeCOV^CIL  being  informed,  that 
"^  dmong  other  Evils  that  are  prevailing  a^- 
mong  us,  in  this  day  of  our  Calamity,  there 
ispraclifedhyfome  that  vanity  ofHorfe  racing,  for 
tnony,  or  monyes  veortb,  thereby  occajtomng  much 
misfpence  ofprefious  time,  and  the  draining  of  many 
ferfons  from  the  duty  of  their  particular  Callings, 
with  the  ha^trd  of  their  Limbs  and  Lives. 

It  is  heicby  Ordered  that  berccfortb  it  (hall  not  be  Lawful  Tor  any  per. 
fonstodo  orpr«flirc  in  that  kind,  within  four  miks  of  any  Town,   or  in 
any  High  way  ox  Common  Rode^  on  penalty  of  fotfictiog  twenty  Stillingsc- 
piccc,  Borfhall  any  Game  or  ran  in  that  kind  for  any  mony,or  tncnyes  worlv, 
upon  penalty  of  forficting  Treble  the  value  thetCof,  one  half  to  the  par ty-r 
formit)£f  and  the  other  half  to  the  Treafury,  nor  (hall  any  accompaliy  or 
abbett  any  in  that  pra(flicc  on  toe  like  prnalty,  and  tbis  to  continue  (il  the  Ge- 
neral Court  t  take  fucthet  Order. 

AndM  Cortflabkt  tcrpetflively  arc  hereby  injoyned  to  prCfcnt  the  Names 
of  alifuchas  ftiall  bcfouod  traofgrcffing;,  contrary  to  tbis  Order  to  the 
Magijirati\ 

Dated  the  mn:h  of  yiprilM:? 

'By  the  Council 
Edyt^ard  %avpfon  Sec. 


S40 


3-4=9 


AT        A 

COUNCIL 

Held  at  Boflon,  ^IMarch  28.  j6;8. 

-^r"       ~y   W  '       "T"   Hereof  many  Comflaints  have  been  made,    t6dt  f/vsral 

^k  /        ^  /     Perfonj    have  been  kjHed  by  fuch  as  have  pretended  to 

^^     /  %       /       have/iot  at  Fo^le,Hfds  ?)IC.  und  that  in  or  near    High- 

^/  %/         TPajes;   and  many  t.ik!  the  boldneft  uponthem,7ouths  and 

y  ▼  ^rcirn  Perfoni,  too  frecjatntlj    to  (hoot  within  the  Limitt 

efTorvn.'yOychjrdf,  Gardens,  &r.    W-ith  bnllits-,  greater  or  fmaller  Jhot,  on  pretence  of 

/hooting  at  Mar^s,  Birdr,  Fowlt  icc.Vtherebj  Perfons  are  endangered  to  be  kjlled  irt 

their  Gardens,  Orchards,  or  adjacent  Commortij     To  prevent  fuch  inconveniences  and 

mi/chiefs  for  the  future. 

It  is  hereby  Declareclancl  Ordered,  That  all  orany  Perfon  or  Perrons  of  what 
age  or  Condition  focvcr,that  ftiall  from  henceforth  prcfumeto  (hoot  ofTany  Gun  or 
Guns, charged  with  Bullet  or  Bullets,  Swan,  Goofc,  or  other  fhot  towards  any  Mark 
or  place  that  the  Militia  in  fuch  Town  or  Towns  have  not  appointed;  oi"  fo  near  or 
into  any  Houfc,  Barn,Gardcn,  Orchards  or  High-waves  inany  town  or  towns  of  this 
Jurifdidion, whereby  any  perfon  or  perfons  fhall  or  may  be  kiIled,wounded.or  other- 
wife  damaged/uch  perfon  or  perfons  fo  offending  fhall  be  proceeded  againil  either  as 
Murthcrers,orfuch  as  have  wounded  or  damaged  any  perfon  or  perfons  in  fuch  place 
or  places,  fhall  be  liable  toanfwent,  and  to  makefullfatiffa(!>joniiiall  rcfpcifts  to 
llich  perfon  or  perfons  both  for  cure  and  damage^  and  be  alfo  liable  to  fuch  further 
punifhmcnt  as  the  Authority  of  the  place  that  hath  Cognizance  of  the  offence  fVall 
appoint:  And  where  either  they  be  Servants  or  Youths  under  thcirParentsorMa- 
ftcrs  and  (hall  not  be  able  to  make  fuch  (atisfeft  ion,  fuch  Parents  or  raafters  fhall  be 
liable  to  make  full  and  due  fatisfaftion  in  all  rcfpefts  r  And  the  Sclcil  men  of  each 
town  arc  hereby  appointed  to  fee  that  this  be  put  in  csecut 


By  the  Council.  Edxvard^txvjon^tzf 


S30 


AT         A 

General  Court 

Held   1 6   MARCH,    1680- 1. 


AS  an  addition  to  the  Law  title  INKEEPERS,  Sect,  i: 

IT  is  Ordered  by  this  Court  and  the  Authority  thereof  that  for  the 
futuer  the  Select  men  of  all  Towns  shall  approve  of  all  Persons  to 
be  Licensed  before  Licence  be  granted  to  any  of  them  by  the 
County  Courts  to  Keepe  such  Publique  House  or  be  Retailer  of 
Strong  Liquors  in  any  of  the  said  Towns,  and  all  Persons  shall  an- 
nually renew  there  Licenc  at  the  Spring  Court  in  there  respective 
Countys. 

2.  Before  any  Licence  be  granted  the  Granjury  shall 
bring  in  there  Presentments,  and  in  case  any  Licenced  Persons  shall 
be  presented  or  prosecuted  by  the  Select  men  or  any  other  for 
transgressing  the  Law  rcfering  to  such  Persons  and  be  legally  Con- 
victed, besides  the  Penalty  which  the  Law  appoints  as  a  Punishment 
for  there  Misdemeaner  there  Licence  shall  not  be  renewed  untill  the 
Fine  be  paid,  and  upon  a  Second  Conviction  they  shall  forfeit  there 
Licence  and  the  Persons  annualy  licenced  after  the  first  day  of  Oc- 
tober next  shal  not  exceed,  c/^,  in  Boston,  six  Wine  Taverns,  ten  Inholdersand 
eight  Retailers  of  Witie  and  Strong  Liquors  on  I  of  doors  ;  In  Salem,  Wine  Taverns, 
two;  Inholders,fower;  Retailers  for  Wine  and  Strong  Liquors, fower.  In  CharleS- 
towne,  three  Publique  Houses  and  one  Retailer  for  Wine,  etc.,  out  of  doors.  In  Ips- 
wich,  taio  Publique  Houses  and  one  Retailer  for  Wine.  In  Gloster,  two:  Lynn, 
tuw;  Hingham,  i^uo;  Newbery,  tiuo  Publique  Houses.  And  in  no  other 
Towne  in  this  Jurisdiction  more  than  one  such  Publique  House  or 
Retailer. 


3.  It  is  hereby  declared  Lawful!  for  any  of  the  County  Courts 
to  punish  the  Transgressors  of  this  Law  by  Fine,  Imprisonment  or 
Corporal  Punishment  not  exceeding  Ten  Stripes  for  the  First  Ofencc. 

This  Court  Judgeth  it  meet  to  grant  theTowne  of  Boston  Liberty 
for  the  futuer  to  send  Three  Deputys  to  the  General  Court. 

Castle  Souldjers  are  to  be  alowed  Head  Money  but  for  one  Rate 
only  in  the  Yeare. 

As  a  furthur  Addition  to  the  4th  Sec.  of  the  Law  title  Town- 
ships : 

It  is  Ordered  that  the  Inhabitants  of  every  Town  qualified  as  in 
the  said  Law  is  Exprest  may  Choose  any  of  there  Towne  for  Consta- 
bles, Select  Men  or  Jurors,  althoe  not  Rated  as  is  expressed  in  said 
Law.  And  such  Persons  as  shalbe  so  chosen  and  ofificiating  accord- 
ingly shall  forever  after  have  free  liberty  to  choose  and  be  chosen  to 
any  of  the  said  Places  and  Trusts  as  any  other  of  the  said  Towne. 

And  it  is  further  Ordered  that  all  Military  Commission  Officers 
whilstc  in  Commission  are  free  from  being  chosen  Constables  in  this 
Jurisdiction. 


333 

BY         THE 

GOVERNOUR    and     COMPANY 

of  the  MASSACHUSETS    BAY  m  NEW  ENGLAND. 


ATT 


A 


General  Court 

Held  at   BOSTON    BY    ADJOURNMENT  from   the    28th    of 
JANUARY  to  the   iSth   of  MARCH,     1684. 

WHereas  this  Court  for  Prevention  of  questions  and  Suits   at 
Law  that  might  arise  upon  Deeds  and  Conveyances  of  Houses 
and  Lands  wherei?i  the  word  (\\Q\rt)  if  omitted  when  an  Es- 
tate of  hiheritance   is  intended  to  be   passed,  did  by  the  Law,   tit. 
Conveyances,  Deeds  and  Writings,  Sec.  2: 

Order,  that  in  all  Deeds  and  Conveyances  of  Houses  and  Lands 
in  this  Jurisdiction  wherein  an  Estate  of  Inheritance  is  to  be  passed, 
it  shall  be  ex|jrcssed  in  these  words  or  to  the  like  effect,  viz :  to  have 
and  to  hold  the  said  House  or  Land  respectively  to  the  Party  or  Gran- 
tee his  Heires  and  Assigns  forever,  and  therein  provided  that  Law 
should  not  extend  to  any  Land  granted  or  to  be  granted  by  the  In- 
habitants of  any  Towne,  thereby  intending  although  it  is  not  so 
plainly  expressed,  that  such  grants  of  Lands  by  Towns  are  an  Estate 
in  fee  simple,  not  withstanding  the  word  Hd res  a mt  Assis:nes  forever  ^ro. 
therein  omitted,  the  afforesaid  Law  being  intended  for  the  direction 
of  Private  Persons  only  in  their  particular  Deeds  and  Conveyances 
of  Lands  from  one  to  another. 


334 

As  an  Explanation  of  said  law,  tit,  CONVEYANCES,  DEEDS 
afid  WRITINGS  and  Addition  thereunto,  It  is  therefore  by  this 
Court  and  the  Authority  thereof  Ordered,  Enacted  and  Declared, 
that  all  [such]  Orders  or  Grants  of  Lands  heretofore  made  by  this 
Court,  or  by  any  Townc  or  Towns  in  this  Jurisdiction  were  and  are 
intended  and  shal  be  Construed  and  Judged  in  the  Law  to  be  an 
Estate  in  fee  simple,  and  are  hereby  Confirmed  to  the  said  Persons 
and  Townships  their  Heires  and  Ass'gnes  respectively  forever.  Provid- 
ed all  ways  that  such  Grants  as  do  expressly  declare  otherwise,  zvb,  to  be 

for  TermevfLifeorfor  Termc  of  Years,  or  during  Plesure  Or  the  like    shal    nOt 

be  Included  in  this  explanation  or  Law.  And  when  any  Person  or 
Persons  shall  take  out  any  exemplification  of  any  such  Grant  of  this 
Court  under  the  Secretaryes  Hand  and  desire  the  Scale  of  this  Coll- 
ony  to  be  affixed  thereunto,  the  Governor  for  the  time  being  is  here- 
by ordered  and  impowered  in  his  Testimoniall  to  Insert  that  the  said 
Grant  of  Land  is  Confirmed  by  the  General  Court  held  at  Boston  Mairh  i8,  1684,  to 
the  said  Grantee  or  Grantees  and  to  their  Heires  and  Assigncs  respectively  forever. 

By  the  COURT, 

EDWARD  RAWSON,  Secretary. 


This  Law  was  fairly  engrossed  on  parcliment  and  the  Seal  of  the  County,  and 
so  puliUshed  by  order  of  the  General  Court  and  left  on  file  wiih  the  Secretar}\ 

[NOTE  :— The  reader  is  requested  to  consult  also  the  Colonial  Rcciirds  .IS  printed  in  1854,  Vol.  V.,  page 
473,  for  a  correction  ordered  in  this  Law,  by  striking  out  the  word  audi  in  the  fourtll  line  of  the  second  paragraph. 
I  have  put  it  in  brackets  in  the  text,  though  Ilulcliinson  omitted  it.—  \V.  II.  WIIITMOKE.J 


SS3 


BY  THE 

GOVERNOUR     AND      COUNCIL 

AJfemhkd.  at    BOSTON    the  z^.  of  April,  i6%^. 
To  all  Hi£     MAJESTIES    Subjects  within  the  Government  of  the 
MASSACHVSETS      COLONT, 


Forasmuch  as  wC  are  credibly  Informed^  that  there  is  a  Ship  of  ahut  three. 
Hundred  ToHns  that  hath  for  fomc  time  heen  erujing  on  the  Coafi^letweea 
Marty ns  Vineyard  and  Qz^'i:.  Cod,  without  the  Limits  of  this  Colony , 
whereof  Chriftopher  Goffe  Is  CaptaiK,  and  one  John,  Salter  is  Mafler, 
end  hy  cttr  hsfl  Infer  mat  ion  tsjuHly  dcamed  and  vehemently  fufpe^ed  to  have  ken. 
Wickedly  and  Pir  atica/ly  taken  from  fame  of  His  MAjEStlES  Allies  in  the 
Weft  Indies,  and  doth  further  appear  to  he  true  hy  their  7wt  coming  under  Command'. 
Now  that  no  Perfo,i  or  Terfons  may  plead  ignorance  of  His  MAJ  ES  TIES  Pro- 
(iamatioHy  or  of  the  Law  Made  a»d  Puhlijhed  hy  the  Govemoi/r  and  Company  of  this 
His  MAJESTIES  CclOity  agreeable  thereunto.,  hearing  Date^  July^^^.  1684. 

Thefe  are  therefore  in  HiS  MAJESTIES  Name,  ftri^ly  to  Charge  and 
Require  all  Perfons  whatfoever  within  this  Jurifdi^ftion,  not  to  relbrt  unto,  or 
m  any  wife  joyn  themfelves  with  faid  Goffe  or  his  Company,  nor  to  receive  or 
conceal  any  of  the  Goods  coming  out  of  faid  Ship,  nor  nourilh  or  ccm.tort  in 
any  kind  Entertain,  Harbour,  Counffil,  Trade,  or  hold  any  Correfpondence  by 
Letter  or  otherv/ife  with  them  the  faid  (j<#?  or  Company,  contrary  to  faid 
Law,  and  undei  the  penalty  therein  provided. 

3y   Order,  Edward  Raivfon  Secf. 


S3S 


INDEX  TO  COLONIAL  LAWS. 


ABILITY  (see  Age). 
ACADII': 

liability  of  persons  trading  with         .  296,  §11 
ACCOUNTS   (see  Debt). 

ol  )iulilic  officers  (see  under  titles  of 
office). 

on  liiiolis,  to  be  balanced  within  tliree 


39,  §1 

204,  §1; 

L'5:i,  §9 

.  I'Kfi,  §6 

240,  §23 

248a 

33,  §4 


years      ..... 

extensions  granted    . 

219,  §1; 
repealed  ..... 

of  towns,  for  arms,  etc.,  settled,         : 
for  Indian  war,  committees  to  audit . 
ACKNOWI.KDGMKNT 

of  deeds,  etc.    ..... 

ACTIONS      (see  Appeal,  Appkaranck, 

CoUKT,       KviDENCE,       DEFENDANT, 

Witness). 

where  triable 2,  §1 

rules  fur  entry  .  .  .  .  .  2,  {(2 
pleadin);  anil  evidence  .  2,  §2 
return  of  attaclinients         .      2,  §2 

fees  for  entry 2,  §4 

additional   charges     .         .         .      3,  §5 
of  clerk  of  court       .         .         .  130,  §1 
of  trespass,  excessive  damages  .       2,  §3 

in     general    court,    to   bear   whole 

charges 3,  §fi 

plaintiff  may  withdraw      .         .         .3,  §7 
renew  in  another  court,      3,  §7 
vexatious    suits   to  pay   treble  dam- 
ages         3,  §8 

strangers    may    bring    in  any  court 

against  non-resident       .         .         .    38,  §8 
where  parties  live  in  different  towns 

to  be  brought  in  either  .         .         .    21,  §1 
under  forty  shillings  .         .         .    21,  §2 

tr.insf erred  to  court  of  assistants  in 

disagreed  cases      ....     87,  §4 
penalty  for  non-appearance  of  party 

when  called  .         ".     87,  §(! 

asking  advice  of  magis- 
trate in         .         .         .    34,  §1 
of   attaint,  may  be  brought   against 

jury 201,  §1 

ADJOUUN.MICNT 

of     general     court,     by    consent    of 

majority  of  members      .  .  .     3."»,  §.^ 

of  county  court  by  magistrate  .         .    39,  §1 
question  as  to  legal- 
ity, resolved  .  288,  §o 
ADMINISTRATOK    (see  Kstate.    K.\- 
ecutor.    Intestate,    Wiles). 
to  liriiiK  mil  as  siicii           .         .         .      8,  §1 
duties  and  liabilities           .  I.",  §1;   330,  §5; 

:!33,"§l 
appointed  in  vacation  of  court .  .  l.'>8,  §2 
of  insolvent  estates  ...  250,  §1 

A  DM  I  UAL    AT   .SKA 

chosen  yearly  by  freemen  .         .    48,  §4 


ADMIRALTY 

cases  to  be  heard  by  court  of  assist- 
ants       ..'....  213,  §1 
ADULTKHY 

punislieil  by  death  .  .  .  .  15,  §9 
by  soldier, 'penalty  .         .  230,  §13 

ADViCli  (see  Colnsel). 
AGE 

of  discretion       .         .         .  1,  §1  ;  91,  §1 

of  understanding  ....  1.5,  §14 
of  consent  .  .  .  .  .15,  §15 

of  apprenticeship  ....  2G,  §1 
of    minority    of  women    in    case    of 

marriage         .....    28,  §G 
of  responsibility  for  arson         .         .     51,  §2 
religious  belief  .     59,  §2 
observance  of the 

Lord's  day      .  132,  §1 
of  witnesses  giving  testimony  out  of 

court 158,  §2 

of  Indians  for  service        .         .         .  251,  §7 
military  service    ....  109,  §9 
for  passing  lands,  etc.        .  .       1,  §1 

for  jury  service  in  civil  eases  .  .  1,  §1 
for  choosing  guardian  .  .  .  1,  §1 
for  making  wills         .  .  .  .       I,  §1 

for  ajjpearance  in  civil  cases     .         .       2,  §1 
criminal  cases       .       2,  §1 
for  exemption    from    death    penalty 

for  sodomy               .     15,  §8 
for  unfilial  conduct   .  15,  §13 
for  taxation        .....    23,  §3 
for  contracting  legal  debt           .         .     27,  §4 
to  acfjuire  freedom  of  the  common- 
wealth     56,  §2 

to  be  chosen  town  officers  .  .148,  §4 

to  take  oath  of  allegiance  .         .  2G2,  §2 

.\L.\UM  (see  Militia,  Sentinel,  AVatcii). 

from  town  to  town,  how  raisetl  .  271,  §8 

alle(;ian(;k 

oath  of,  iirescribed  .  .  .  .  2lil,  §1 
for  all  over  sixteen  years  .  2l!2,  §2 
magistrates  to  administer  .  2G3,  §2 
refusers   to    have    no   civil 

rights        ....  340,  §4 
penalty   for   service  with    enemy  or 

against  allies  ....  315,  §1 

ALL  EX,   C.IPT.  JOI/.V 

appointed  searcher  of  coin  in  Charles- 
town       lis,  §3 

AMESBUKY 

enlistment  of  troopers  in  .         .         .  313,  §4 
AMMIMTION  (see  Militia,  Forts). 
general    court   to    make    a   constant 

supply 112,  §14 

selectmen  to  provide          .         .  112,  §15 
towns  to  furnish  safe  place  for  keep- 
ing            112,  §16 

importation   of,   to   bo    reported   to 

public  notary  .         .         .         .  125.  §1 


Index  to   Colonial  La 


w. 


AMMUNITION,  continued. 

exportation  of.  witliuut  license,  for- 
bidden  .  .         .         .  .  I2fi,  §2 

searchers  of  powder,  appointed  .  12U,  §l' 

oaili  of    .  li;il,  §."0 

towns  to  provide  flints        .         .  2:i7,  §l;l 

ANABAPTI.S  TS  (see  IIkkksy). 

to  be  liiinislied  .  .  .  .  .     59,  ^1 

ANATOMY 

body  of  execnted  criminal  .         .    30,  §1 

ANUOVEU 

desifjnated  as  frontier  tuwn  .  247,  §.■> 

AXDHEWS,  SAMUKL 

appointed  surveyor  of  land        .         .  20G,  §!) 
APPAKEL 

excess  in,  proliihitcd         .         ">,  §1  ;  233,  §3 
penalty   for  wearini;  ^old  lace,    etc., 

liy  persons  of  estate  less  tlian  £200,       5,  §1 
grand  jury  to  present  offenders  .    ."),§!: 

233,'  §3 
selectmen  to  take  notice  of        .         .      5,  §1 
magistrates,    military    officers,    etc., 

privilesjed       .  .         .         .       5,  §1 

of  cliildren  and  servants  not  to  ex- 
ceed their  quality  and  condition     .       fi,  §1 
tailors  to  be  fined  if  mMkinj;  sfarments 

conlr.ary  to  order  of  i)arent<,  etc.,       G,  §1 
penally  for  wearing  long  liair  or  peri- 
wigs     .  .       ".  .  .  .     232,  §2 

APPEAL 

from  inferior  courts  to  court  of  as- 
sistants   .         .         .         .         .         .       3,  §1 

from     one     magistrate     to     county 

court        ....         3,  §1 ;   13,  §2 

from  court  of  assistants  to  general 

court  in  ca])ital   cases     .         .         .      3,  ^1 
from    court  of    assistants  in   Dover 

and  Plymouth  to  county  court        .       -1,  ^1 
from  one  magistrate  or  commissioner 

of  towns         .         .         .         .         .     21,  §2 

from    commissioners    of    Boston  to 

court  of  assistants  .         .         .22,  §3 

by  disobedient  children  and  serv.ants,    27,  §2 
from  estimate  of  damages  by  laying 

out   of  highw.ay    to  county  court,    C-t,  §1 
from  county  court  to   cmirt  of  assist- 
ants      concerning      settlement    of 
paupers  .....  123,  §2 

from    disposition     of    selectmen      to 

couiUy  court  ....  148,  §3 

from  selectmen  of  Boston  to  county 

court  on  ([uestion  of  boundaries  .  307,  §1 
from  county   court    to  court   of   as- 
sistants  in   probate    matters        .331,  §2; 

334,'  §3 
to  be  made  before  execution  .  .  3,  §1 
security   to   be    given  for  costs  and 

damages  in  civil  cases  .       3,  §1 
for  good  behavior  in  crim- 
inal cases       .         .         .      3,  §1 
in  matter  of  law  to  be  determined  bv 

the  bench  .  .         ".       3,  §1 

fact,  by  bench  and  jury,      3,  §1 

to  be  recorded  at  cost  of  apiicUant  .       4,  J2 

reasons  to  be  filed  before  court  .     4,  §2; 

330,'  §4 
penalty  for  failure  to  prosecute         .       4,  §2 
nojudge  appealed  from,  to  sit  on  ap- 
peal         -t,  §3 

to  be  judged  according  to  former  evi- 
dence    .         .         .         .         .         .       4,  §3 

errors  to  be  rectified  ...       4,  §3 

damages  increased  or  abated     .         .       4,  §3 
APPK AHANC'E  (see  Non-Appeahanck). 

f<uiu  of  bond  for        ...         .  162,  §3 


APPRAISER 

of  land  or  goods,  oath  prescribed,   169,  §31 
APPRENTICES 

to  be  taught  to  read  the  English  tongue,  2(>,  §1 
knowledge  of  the  capital 

laws     ....    26,  §1 

catechized  once  a  week      .         .    26,  §1 

brought  up  in  some  calling         .    26,  §1 

not  to  frecjuent  public  houses    .         .    27,  §3 

unler  to  constables  concerning  .  149,  §7 

.VRM.S  (see  Militia). 

soldiers  to  be  furnished  with  .  .  109,  §8 
inhabitants  to  jirovide  themselves  .  109,  §7 
of  foot  soldiers  .         .         .         .  108,  §7 

of  troopers         ....  113,  §16 

ofpikemen         ....  11.5,  §20 

inspection  of     .         .         .         .  110,  §10 

penalty  of  discharging,   after  watch  . 

is  se't      .         .         .'         .         .  Ill,  §12 

shooting  off  guns  forbidden  on  ves- 
sels in  port        .  140,  §4 
in    towns     or    on 
highways  .  .  349,  §1 

Indians  forbidden   to  carry,  without 

certificate 2.52,  §7 

provision  of  1,000,  for  use  of  country,  227,  §3 
soldiers  to  account  for  at  expiration  of 

service  ......  232,  §2 

ARKEST  (see  Deiit). 

for  debt,  or  fine,  not  to  be  n'ade  if 
satisfaction  can  be  found 
from  estaie      .         .         .       6,  §1 
except  in  siiecial  contracts,      (i,  §1 
concealment  of  estate    .         .         .       6,  §1 
person  arrested  to  be  kept  at  his  own 


charge 


G,  «l 


on  civil  action,  keeper  of  prison  not 

to  be  charged  with  support  .  .  6,  §2 
plaintiff  to  provide  for  jioor  debtor  .  G,  §2 
liberty  to  go  outside  the  precincts  of 

prison,  liy  whom  granted  .  .  7,  §1 
keeper  of  prison  to  take  bail  .  .  7,  §2 
for  failure  to  pay  taxes  .  .  .  24,  3 
of  sailors  for  debt  to  innkeepers,  etc., 

not  iiermitteil,      134,  §1  ;   293,  §1 
vagabonds  without  warrant,  1.53,  §1 
night-walkers  bv  watch        .  ir)4,  §1 
ARSON  (see  Fiiti^s). 

of  barn,  etc.,  punished  by  whipping,    ,51,  §2 
of  dwelling-house,  etc.,  bv  death       .    52,  §2 
ARTIKICERS 

to  be  taxed  on  income       .         .  .       21,  3 

iiiav  be  requireil  to  lal>or  at  harvest,  101,  §1 
ARTIELERY  (see  Forts). 

committee  of  militia  and  seU'Ctmeii  to 

su)iplv Ill,  §11 

ASSESSMENT  (see  Taxks). 

of  persons  and  estates        .  .  23,  §2, 3 

public,  definition  of  ....     25,  §3 

ASSIGNEE 

to  bring  suit  as  sucli  .         .         .       8,  §1 

of  bill  or  otiier  claim  to  recover  as 

fully  as  the  original  creditor  .     10,  §1 

assignment   must  be  made  upon  the 

back  side  of  bill    .         .         .  .     10,  §1 

ASSISTANTS,  COURT    OF 

election  bv  freemen  .         .    47,  §1  ;  247.  §1  ; 

282,  §3 
nomination  by  towns  .         .         .    48,  §3 

declared  general  officers   .         .         .    48,  §1 
oath  ]irescribcd  .         ,         .  164,  §10 

sessions  to  be  held  at  Boston  yearly,    36,  §7 
powers  of.         .         .         .         .         .    36,  §7 

sjiecial  sessions  to  be  called  for  trial 

of  cai.ital  cases       ....    36,  §7 


Index  to   Colonial  Laics. 


33, 

§1 

20, 

§1 

21, 

§3 

35, 

§i 

35, 

§5 

35, 

§•; 

30 

M 

fil 

§9 

G3, 

<}10 

G7 

§1 

87 

N^4 

201 

«1 

213 

§1 

ASSISTANTS,  COUUT  OF,  continued. 

ai>i)fiil  tij,  from  inlVrior  courts  .         .       3,  §1 
with  govtTiior  to  form  tlic-  council  of 

the  coninionwealth 
to  appoint  commissioners  . 
to  approve  choice  of  commissioners 

of  lioston 

power  to  reprieve  condemned  male- 
factor ....■• 
power  to  call  general  court  upon 
urgent  occasion  .... 
(,'overnor  to  have  casting-vote  . 
to  summon  jury  of  inciuest 
to  try  Quakers  .         .         .         .         • 

on  contumacy     . 
to  fix  punislimtnt  of  .Jesuits 
to  determine  cases  in  which  inferior 
courts  disagree       .... 
to  hear  cases  of  attaint  of  jury 
all  cases  of  admiralty   . 
may  authorize  residence  of  married 
person  whose   husband  or  wife  re- 
sides abroad 101,  §t 

A  o  C  T  7 1-' 

"of' bread    ....         8,  §1;  288,  §4 
casks     .         .         .         .       10,  §1;  283,  §5 

pipestaves 1-2,  §1 

wood 100,  §1 

ASSOCIATES 

general  court  to  appoint    . 

for  county  courts,  to  be  sworn  . 

oath  prescrilied, 
may  hold  court  with  one  magistrate, 

punisli  breacli  of  the  peace 
manner    of    choice    by   freemen   ir 
counties         ..... 
powers  in  counties  wliere  there  are 
no  magistrates 
ATONEMENT  (see  Heresv). 
penalty  for  denying  . 


3G, 

§7 

20, 

s<2 

ici;, 

i\- 

3fi, 

i' 

11, 

§1 

216, 

§3 

208, 

§2 

.  59 

§1 

ATTACHMENTS  (see  Scmmons,  Exe- 
cfTioN,  Debt). 
to  be  issued  in  king's  name  .  •  111. 
form  of,  prescribed  ....  1G2, 
to  be  granted  by  clerk  of  writs  .  29, 
plaintiff  may  take  out  against  any  person,  7. 
foreign  idaintiff  to  givesecurity,  7,  §1  ;  283, 
notice    to   be    served    in    writing   at 

usual  ])lace  of  abode      ...       7, 

wlien  defendant  is  out  of  jurisdiction,      7, 

execution  respited    ...       7, 

to  be  served  six  days  before  court     .       7, 

to  express  in  whose  name  the  suit  is 

brought •      8,  §1 

exception  to  be  taken  before  issue  is 

joined 8, 

marshals  may  serve  .  .  8,  §1 ;  103, 
deputy  marshal  not  to  serve  .  .  220, 
fees  to  be  paid  marshal  before  service,  220, 
to  be  directed  to  the  constable  in  towns 

where  no  marshal  dwells  .  .  8, 
limit  of  time  for  service  .  .  .  330, 
not  to  be  di.  ;;harged  until  judgment 

is  satisfied  .....  H*. 
void    in    default    of   execution    one 

month  after  juilginent    .         .         .144, 

for  debt,  void  against  sailors,  134,  §1 :  -'93, 

liy  stranger  against  stranger      .         .  294, 

against  master  of  vessel    .         .         .294, 

ATTAINT  (see  Jliiv). 

of  jury  for  erroneous  verdict  .  .  201, 
to  be  tried  before  court  of  assistants,  201, 
penalty  on  conviction  .  .  .  202, 
rules  for  prosecution  of  .  ■  .  319, 
ATTOHNEY 

ill    any  inferior    court   ineligible    as 

deputy  to  general  court           .         .    41, 
may  bring  suit  as  principal         .         211,  § 
of  towns,    question    of  authority  re- 
solved     266; 


§1 
§2 
§1 
§1 
§6 

§1 
§1 
§1 
§2 


§1 
§3 

§* 
§6 

§1 


§1 

§1 

§1 
§2 
§2 

§1 
§1 
§1 
§1 


§2 
10 

§7 


B 


BAIL    (sec  ArPEAi.,  Abbkst,  Di;nT). 
after  commitment  for  debt 
person   under,  to    be  heard  at   next 
court      ...... 

not  allowed  in  case  of  denial  of  word 
of  (jod  ...... 

not  allowed  in  case  of  Quakers 
capital  cases 
for    contempt     in    open 
court  .... 

BAKEKS  (see  Bread,  Markets). 

each  to  have  a  distinct  mark  for  his 
bread     ...... 

weight  of  penny  loaf 
clerk  of  market  to  inspect         8,  §1 ; 
light  weight  bread  to  be  forfeited  to 
use  of  poor     .         .         .         .         . 

bread  to    be  used  in  bakers'  families 

to  be  of  prescribed  weight  . 
to  be  taxed  on  income 
BALLAST 

not  to  he  taken  without  written  per- 
mission of  selectmen 
not  to  be  cast  into  channel  or  har- 
bor          

BALLOr 

election  of  deputies  by 

general  otficcrs 
to  be  cast  ojien  or  iinii'  folded  . 
noTiiination  of  magistrates  by     . 
form  of  prescribed     .         .         .         . 


7,  §2 

38,  §10 

.">9,  «2 
61,  ?9 
74,  §1 

74,  §1 


S,  §1 

«.  §1 

288,  §4 

8,  SI 


9, 

Si 

24, 

§S 

9, 

§1 

9, 

§1 

40, 

«l 

47, 

*i-' 

47 

ii2 

47 

S3 

274 

SI 

i.Si 

36,  §6 
247,  §8 

36,  ?7 

86,  §1 
61,  §9;  63,  §10 

59,  §1 

24,  §3 


BANISHMENT 

by  judgment  of  general  court 

for  defaination  of  magistrates 
trading  with  Indians     . 

to  be  tried  before  court  of  assistants 
at  IJoston        ..... 

sjiecial  jury  to  be  summoned 

of  Quakers 
BAPTISM  (see  IIeuesv). 

of  infants,  penalty  for  opposing 
BAHHEHS 

to  be  taxed  on  income 
BAHUATHY   (see  Actions,  A'exatious 
Suits). 

definition  of  common  barrator  . 

the  court  may  reject  the  cause  and 
]iunisli  the  barrator 
BAI!TKI{(.see  Im.ians). 

with  Indians      .         .         .         .         ■ 
BAKHEL  (see  Cask). 

length     and    quality    of   staves    pre- 
scribeil   ...... 

BASTAKI). 

reputed  father  to  maintain  the  child, 
BATTF.K,   F.DWAIW 

appointed  searcher  of  coin  in  Salem,  IIS,  §3 
B.VTTEIUES. 

comiiiittee  of  militia  and  selectmen  to 

keep  in  repair  HI,  §1  • 

BATTEKY.  ASSAl  LT  AND 

appeal  to  county  court       .         .         .21,  §2 


0 

§1 

9, 

§1 

75, 

§2 

17 

§1 

55, 

§3 

Index  to   Colonial  Laws. 


BAWDERY  (see  Brothel,  Whoredom) 
BEANS 

use  of,  in  electiDii  of  :issistants  . 
BEASTS. 

cnu'lty  towards,  forbidden 

ciipiiliition  with,  penalty    . 
BEAU  DOS',  JO/JiV 

pc'titiiin    for    relief,   coiniiiittee 


47,  §1 

39,  §1 
H,  §7 


ap- 


247,  §7 


.  Ifi 

§1 

.  !« 

*i-' 

170, 

^3.-, 

lOfi 

*}-' 

239, 

§19 

.  11 

§1 

.  G9 

§4 

.  7fi 

§5 

.  80 

r-i 

251, 


pointed  .... 
BEEF  (see  Cask). 

assize  of  casks  .... 

regulations  for  packing 

packers  of,  oath  prescribed 

importation  of,  forbidden 
suspended 
BEER  (see  Brewers). 

quality  of,  regulated 

tax  upon  sale  in  public  houses  . 

not  to  be  sold  or  given  to  Indians 

any  may  sell  out  of  doors 

quality  and  price  of  that  sold  by  inn- 
keepers ....       80,  §2; 
BENEVOLENCE    (see  Gifts,  Grants, 
Legacies). 

when  to  be  granted  by  general  court, 

by  i)rivate  citizens  for  public  use 

trustees  to  account  to  county  courts, 
BESTIALITY 

in  man  or  woman,  to  be  punished  by 
death      

the  beast  to  be  slain  and  buried 
BILLET 

of  soldiers  in  Indian  war,  rates  es- 
tablished       ....         253,  §12 
BILLS  (see  Assignee,  Debt). 

assignment  of 10,  §1 

penalty  for  forging   ....    54,  §1 

of  exchange,  exempted  from  usury 


9,  §1 
t>,  §1 
0,  §1 


14,  §7 
14,  §7 


law 


153,  §1 


.  1.30, 

§2 

.  130, 

§-' 

.  14, 

§3 

•  14, 

§3 

.  fiO, 

§3 

,  GO, 

§4 

.  229, 

«1 

of  lading,  see  Customs,  Invoice. 
BIRTHS 

record  of  .... 

parents  to  report 
BLASPHEMY  (see   Cdrsing,  Heresy, 
Pkoi'ane  Swearing). 
definition  of      ...         . 
punished  by  death    . 
books  containing,  to  be  burned 
utterers  of,  forbidden  entertainment, 
by  soldiers  in  camp,  penalty     . 
BLISS,   LA  WRENCE 

appointed  searcher  of  coin  in  Spriu] 

field 

BOARDS 

measurers  of,  selectmen  to  appoint  .  156,  §2 
BOATS 

penalty   for  taking    from   moorings 
without  consent     .         . 
BONDS  (see  ArpEAL,  Arrest,  Sureties). 
to  be  taken  by  clerk  of  writs  . 
sureties    to    be  held    until    satisfac- 
tion,          

released  in  default  of  execution  one 

month  aftiT  judgimnt    . 
of    unlicensed    innkeepers    on    com- 
plaint      84.  §18 

of  vessels  in  port      ....  139,  §3 
for  appearance,  form  prescribed       .  I')2,  §3 
prosecution  of  action  of  attaint    .  201,  §1 
to  he  given   by  strangers  sueing  in- 
habitants           207,  §1 

for  good   behavior  of  those  who  in- 
dulge in  notous  pleasures       .  236,  §12 
in  case  otforfcMi.  the  ca>e  to  proceed 

as  in  non-appearance        .  .  .  202.  §1 


118,  §3 


212,  §14 
29,  §1 
144,  §1 

144,  §1 


BONDS,  continued. 

in  case  of  forfeit,  execution   to  issue 

against  sureties      ....  202,  §1 
BONDSLAVEKY 

prohibition  of 10,  §1 

except  captives  in  just 
wars,  taken  or  jiur- 
cbased     .         .         .     10,  §1 
Christian  usage  prescribed        .         .     10,  §1 
by  iudginent  tor  crime      .         .         .    10,  §1 
BOSTON 

county  court  for  Suffolk  to  be  held 

in .    37,  §7 

fairs  and  market  days  established  .  49,  §1 
penalty  for  galloping  in  streets  of  .  57,  §1 
deniers    of  the    word   of  God   to  be 

committed  to  prison        .         .         .59,  §2 
books  of  Reeves  and  Muggleton  to  be 

burned  in  market-place  of     .         .    60,  §3 
composition  of  committee  of  militia 

in 110,  §11 

rule  of  seniority  among  captains  of 

companies      .         .         .         .  Ill,  §11 

order  for  division  of  foot  companies 

in 217,  §2 

entertainment  of  Indians  in,  forbid- 
den          2-.'5,  §1 

account  to  be  taken  of  strangers        .  226,  §7 
strangers  not  to  be  entertained  with- 
out authority           ....  226,  §8 
acc(nints  of  Indian  war  to  be  audited  at,       248a 
mint  established  at    .         .         .         .  117,  §1 
searchers  of  coin  appointed        .         .  118,  §3 
shipping  officer  appointed          .         .  139,  §3 
special  duties  .         .  140,  §3 
surveyors   of    damaged    goods     ap- 
pointed    295,  §8 

established  as  port  of  entry       .         .  298,  §1 
naval  office  establisheil     •         .         .  289,  §1 
receiver    of    fortification    dues    ap- 
pointed    140,  §5 

country   rates   for  1C72   allowed  for 

repairs  of  forts       ....  203,  §2 
selectmen   to    regulate    employment 

of  porters 124,  §1 

penalty  for  refusal  to  serve  as  con- 
stable of,  when  chosen  .         .        .  148,  §5 
cage  for  Sabbath-breakers  to  be  set 

up  in  market-place         .         .         ■  250,  §2 
watch  established  to  prevent  exit  of 
carts,  etc.,  after  sunset  on  Satur- 
day          269,  §1 

regulation  of  assize  of  bread  .  .  288,  §4 
number  of  licensed  public  houses,    320,  §3; 

351,  §2 
to   send   three   deputies    to   general 

court 352,  §4 

commissioners  to  be  chosen  annually 

by  freemen    .         .    21,  §3 
to    be    approved    by- 
court  of  assistants,    21,  §3 
powers    to    try    civil 

cases  to  ten  jiounds,    21,  §3 
fees  prescribed  .     21,  §3 

jurisdiction  to  include 

Noddle's  island       .     21,  §3 
powers     in    criminal 

eases      .         .         .22,  §3 
apiieal  from,  to  court 

of  assistants  .         .     22,  §3 
marshals     and     eon- 
stables  to  aid  .    22,  §3 
commissions  of,  to  is- 
sue   under    secrc- 
tarv's  hand     •         ■    2-',  §3 


368 


Index  to  Colonial  Laws. 


BOSTON,  continued. 

BREWERS,  fonfinKfrf. 

commissioners  to  piiiiisli  disobiMlicnt 

liable  in  damages  for  furnishing  un- 

L-liildreii   .iml    ser- 

wholesome beer  t*t  ship-masters     . 

11. 

§' 

vants 

-''. 

§•-' 

to  be  taxed  on  income 

24, 

§■1 

powers    of.    in    civil 

BRIBERY 

:ind  criminal  cases, 

of  jurors,  penaltv     .         .         .         . 

202, 

§1 

extended 

217, 

§1 

BRICKS 

to    puni<li    excess   in 

assize  of  and   regulations  of  manu- 

npparel . 

233, 

§3 

facture            .         .         .    200,  §3; 

321, 

§t 

building  regulations,  after  fire 

2(i9, 

§2 

cullers  of,  appointed 

321, 

§+ 

suspended 

278, 

§2 

prescribed  for  buildings  in  Boston    . 

2G7, 

§2 

reenaeted 

307, 

§1 

act  suspended. 

278, 

§2 

partition  walls, 

309, 

§1 

reenaeted, 

307, 

§1 

wooden   build- 

BRIDGES 

ings    . 

327, 

§1 

on  country  highways  to  be  built  and 

BOTTOMRY  (see  Vessels). 

repaired  by  county 

12, 

§1 

act  relating  to 

93, 

§1 

cost  to  be  api)ortioned  among  towns 

BOL'NDAKIES 

by  county  court      .         .         .         . 

12, 

§1 

of  towns   to   be    set   within    twelve 

in  towns,  responsibility  for  injury  by 

months  .... 

10, 

§1 

defect  in           .         .         . 

12, 

§2 

marks  to  be  reviewed  once 

damages,  how  recoverable, 

12, 

§2 

in  three  years 

10, 

§1 

workmen  may  be   impressed  to  re- 

notice of  perambulation    . 

10, 

§1 

pair        

12, 

§3 

of  private  lands,  penalty  for   refusal 

BROTHEL 

to  survey  vearly    .... 

10, 

§2 

punishment  for  keeping     . 

208, 

§3 

BOWMNt;  (see'(; A.MING). 

BUILDINGS 

forbidden  m  public  houses 

57, 

§1 

regulation  of,  in  Boston    .     307,  §1  ; 

309, 

§1 

BKAINTKEE 

size  of  wooden,  in  Boston,  prescribed. 

327, 

§1 

searcher  of  coin  appointed 

118,3 

BURGLARY  (see  Cai-itai.  Crimes). 

BR.VNDING 

penalty  for,  on  secular  days 

13 

§1 

for  burglary  and  highway  robbery    . 

13, 

§1 

the  Lord's  day  . 

13, 

§1 

of  cattle  by  towns      .... 

18, 

§••! 

to    include    breaking  shop,   vessel. 

of  vajabond  Quakers  in  contumacy, 

G3, 

§10 

etc 

204, 

§1 

BRATTLE,    r  no  MAS 

BURIAL 

appointed  searcberof  coin  in  Boston, 

118 

§:5 

of  suicide  in  common  highway 

137, 

§1 

to     seize     ])rovi^ions     in- 

of beast     .                   .         .         .         . 

14, 

§7 

tended  for  e.xport 

.'39, 

§21 

of  executed  malefactor 

30 

§1 

BRE-VD  (see  Bakeks). 

BUTCHERS     (see     Lkathek,'    Hides, 

assize  of,  act  regulating    . 

8 

§1 

Beef). 

weight  of  penny  loaf 

8 

§1 

to  bo  taxed  on  income 

24, 

§3 

to  be  marked  by  liaker 

8 

§1 

forbidden  to  act  as  tanner 

88 

§1 

forfeited  to  use  of  poor  if  found   of 

penalty  for  injuring  hides  in  Haying, 

89 

§1 

light  weight   ..... 

9 

§1 

neglect  to  cleanse  their 

for  use  in  families  of  bakers      • 

9 

§2 

premises 

312, 

§2 

clerk  of  market  to  inspect         .    8.  §1 ;  !t 

§2 

BUTTER  (see  Market). 

price  of  wheat  for,  how  ascertained  . 

288 

§^ 

to  be  weighed  by  clerk  of  market      . 

0 

§1 

BREWERS  (see  Beer). 

forfeited    to   use    of  poor   if  fount 

qualilicationt  of        ...         ■ 

11 

§1 

light 

9 

§1 

CAGE 

for  confinement  of  Sabbath-breakers,  2.')0,  §2 
CAMliUlDGE 

college  in  ...  ■    20,  §1 

teaching  elders  to  be  overseers   of 

college 29,  §1 

county  court  of  Middlesex  to  be  held 

in  .         .         .         .         .         .         .    37,  §7 

CANADA 

liability  of  persons  trading  with         .  29o,  §0 
CAPITAL  CASES 

to  be  judged  by  general  court  when 

to  be  judged  by  the  law  of  God      .       1,  §1 
appeal  from  court  of  assistants  .      .'!,  §1 

penalty  for  non-appearance  in  .         .  Ifi,  §17 
no  bail  to  be  accepted         .  .     74,  §1 

no  limit  to  time  in  which  indictment 

may  be   brought     ....     79,  §1 
special    jury   to   be    summoned  for 

trial  of 8G,  §1 

oalh  of  jurors 167, §21 

all  witnesses  required  to  be  present  .  li>9,  §2 
two  or  more  reijuired  for  conviction  .  158,  §1 


CAPITAL  CRIMES 

thiril  conviction  of  burglary  or  high 

way  robbery  .... 
idolatry 

witchcraft  .... 

blasphemy  .... 

murder,  |)remeditated 

in  anger 
fatal  poisoning 

bestiality  ..... 
sodomy      ..... 

adultery 

man-stealing      .... 
perjury  in  capital  cases     . 
treason      .         .         .         .     15,  §12 
cursing  or  smiting  parent 
stubbornness     .... 

repealed 
rape  of  maid  or  single  woman   . 
copulation  with  child  under  10  year 

of  age  ..... 
arson  ..... 
heresy,  obstinate  persistence  in 


.     13 

«1 

.     14 

§1 

.     14 

§2 

.     14 

ijS 

.     14 

§* 

.    14 

§5 

.     14 

S'i 

.     14 

S7 

.     15 

«'< 

.     15 

§9 

.  15, 

«iio 

.  15, 

(ill 

;  292 

§3 

.  15, 

«13 

.  15, 

ijU 

.  291 

«2 

.  15, 

§15 

.  15. 

«lfi 

.     00 

§2 

Index  to   Colonial  Laws. 


CAPITAL  CRIMES,  continued. 

Quakers,    on    return    from     lianisli- 

ment, 

piracy  and  mutiny     .... 

military  service   witli  foreign  enemy 

or  against  allies      .... 

in    military    camp     (see    Laws    and 

Ordinances  of  War). 

CAPITAL  LAWS 

to  he  taught  ciiildren  .        20,  §1, 

repeal  of  certain        .... 
CAPITAL  PUNKSHMENT 

sentence   not  to  be  executed  within 
four   days   except  under    martial 

law 

body  not  to  remain  unburied     . 
warrant   for  execution  to  be  signed 
l>y  the  secretary     .... 
reprieve  may  be  granted   . 
pardon  only  hv  general  court     . 
CAPTAINS  (see  Militia) 
(CAPTIVITY  (see  Bondslavekv). 
CARDS  (see  Gaming). 

penalty  for  playing  at        .         . 

bringing  into  the  colony. 
CARPENTERS 

to  he  taxed  on  income 
CARli,    wriAJA.M 

apjiointed  surveyor  of  land 
CASK  (see  Gaiolks,  Coopers). 

to  lie  of  London  assize       .       IG,  §1  ; 
gangers  and  coopers  to  mark     . 
defective,  jienalty  for  sale  of    . 
forfeited  if  not  marked 
length    and    quality    of    staves    and 
lieadings  ..... 

of  ]iiekleil  sturgeon  to  be  branded     . 
CASTLE,  CAPTAIN  OF 

to  notify  masters  of  vessels  on  arri- 
val to  report  concerning  ammuni- 
tion imported  .... 
to  notify  ships  of  port  regulations 

regulations  concern- 
ing strangers 

)f  head  nionev 


soldiers  of,  allowane 
CATECHISM 

to  be  taught    children,    apprentices, 
and  servants  once  a  week 

special  directions  to  constables  . 

CATTLE    (see  Common  Eiki.ds.  Goats. 
IldRsKS,  Swine). 

wlien  to  be  put  in  common  fields 

towns  to  establish  brand  mark 

penalty  for  trespass  if  unmarked 

unruly,  to  he  shackled 

proceedings  in  case  of  trespass 

may  be  impounded    .  18.  );.".; 

trespass    on    property    in>uflicienlly 
fenced   ...... 

rates  of  assessment  for  taxation 
reduced 

tax    upon  when  brought  from   other 
colonies 
re])ealed    .         .         .         . 

number  of,   on  common   lands,    lim- 
ited   

liberty  to  rest  and  feed   when  on  the 
road 

customs  duties  on      . 

impressed  for  ])ublic    service,    com- 
pensation for  .... 

to  be    prevented    from    injuring    In- 
dians' cornfields     .         .         .         . 

all  sales  to  be  recorded  in  toll-book  . 

astray,  finder  to  nolify  conslaljle 


(U,  §9 
211,  §!) 

315,  §1 


149,  §7 
291,  §2 


.■?n. 

«1 

•M, 

§1 

.■50, 

51 

;i.5. 

§  + 

35, 

§+ 

58,  §1 
58,  §2 

24,  §3 

29fi,  §9 

283,  §5 
Ifi,  |l 
Ifi,  ()1 
IG,  §2 

IV,  §1 
210,  §4 


12(i,  §1 
140,  §4 

143,  i)l 
352,  «;5 


20.  §1 
149,  §7 


17.  §1 
IS,  ^3 

18,  i}3 
18,  §3 
IS,  S3 

125,  jjl 

20,  ijl 

23,  §3 

301,  §1 

283,  §4 
287,  §2 

211,  §8 

42,  §1 
71,  §S 

73,  §2 

'G,  §7 
147,  §1 
142,  §1 


142,  §1 


142,  52 
142,  §2 

142,  §2 

147,  §1 


2, 

P 

.  152, 

§1 

1.52, 

?1 

.    20, 

«!l 

,     20, 

SI 

21, 

S2 

21, 

S2 

100, 

§18 

CATTLE,  continued. 

to  ])lace  a  withe  about  neck  . 
astray,  to   be    cried    in  the    town    of 
wliich  they  bear  the  brand- 
mark  .... 
recorded  with  county  court  . 
disjiosition    of,  if  unclaimed 

within  one  year 
loser  to  have  liberty  to  seandi 
any  toll-hook 
CAUSES  (see  Actions). 

age  for  appearance  in  civil  cases 
to  be  first  tried  in  inferior  court 
may   be  reviewed  in  same  court  on 

ni'w  evidence 
small,  to  be  beard  by  any  magistrate, 
commissioners, 
selectmen 
appeal  to  county  court    . 
oath  of  three  men  who  hear, 
CENSURE 

of  magistrates  by  governor        .  .    30,  §6 

of  church,  not  to  degrade  from   civil 

office 44.  SIO 

by    county    court    of    publishers    of 

heterodox  doctrines        .         .         .     01,  §8 
CHALLENGE 

of  pirors    ......  152,  §3 

CHARtJES,  PUBLIC  (see  Taxks). 

of  officials  in  service  to  he  paid  by 

town  or  county       ....     22,  §1 

civil  and  ecclesiastical       .         .         .     22,  §2 
each    inhabitant   to    contribute    jiro- 

portionally  to  his  ability         .         .     22,  §2 
for    public    service    to    be   jiaid   on 
treasurer's    order  in    towns  where 
creditors  live  ....  325,  §3 

CHARLESTOWN 

county  court  of  Middlesex  to  be  hehl 

in 37,  §7 

market  d.av  established      .         .         .     49,  ^1 
committee  of  militia  in       .         .  110,  §11 

searcher  of  coin  appointed         .         .  118,  §3 


ap- 
for 
ap- 


selectmen  to  regulate  employment  of 
porters  ...... 

receiver    of    fortification     dues 
pointed  ..... 

country    rates  for   1072  allowed 
repair  of  forts 

surveyors    of    damaged    goods 
pointed  .         .  .         . 

established  as  ])ort  of  entry 

number  of  licenses  to  be  granted 
CHAHTER 

of  \'essel,  refusal  of  owner  to  sign     . 
CHELMSFORD 

designated  as  frontier  town 
CHILDREN  (see  AoK,  Parents). 

to    be    taught    to    read    the    English 
tongue    ...... 

knowledge  of  the  capital  laws  . 

catechised  once  a  week      .  .         • 

brought  up  to  some  calling 

unruly,  t'l  be  placed  as  ajiprentices  . 

disobedient,  punishment  for 

delits    contracted    bv,     not    recover- 
able        .  .        ". 

not  to  be  denied  timely  or  convenient 
marriage         ..... 

orphans,  disposal  of  by  court    . 

not  to  fi'ec|Ucnt  public  bouses     . 

for  enticing,  i)enalty  .  .         . 

punishment  for  lying 

rcfiuired  to  sjun  .... 

allowance  in  trials  at  law  . 


124,  §1 
140,  §5 

203,  §2 

295,  §8 
298,  §1 
351,  §2 

93,  §2 

247,  55 


20,  §1 
20.  §1 
20,  §1 
20,  j  I 
20,  §1 
27,  §2 

27,  §4 

28,  §5 
28,  §0 
27,  §3 
27,  (=3 
92.  §1 

141,  i}l 
152,  J4 


Index  to   Colonial  Laics. 


CHILDREN,  continued. 

special  order  to  constables  concern- 
ing   

of  the  church,  to  be  watched  over  by 

tlie  elders 
order    concerning     fifth    command- 
ment 
punishment  for  absence  from  home 
iit  night  .         .         .         .         ■ 

CHRISTIAN'   (see   Chlrch,   Worship, 
Hkicksy,  Doctrink)' 
private  nii'ttings  of,  allowed 
contemptunus    hehaviur  of,  penalty, 
CHHISTMAS  (see  IIoi.idavs). 
penalty  for  observance  of 

repealed  . 
CHURCH  (see  Elders, Meeting-houses, 

MlNISTER>). 

liberty  to  gather  churches 
magi.strates  and  elilers  to  approve     . 
no  otiier  than  church  members  to  be 
freemen   .         .  38,  §  12 
repealed 
to  exercise  all  the  ordinances  of  God, 
to  elect  and  ordain  officers 
to  exercise  discipline 
freedom  of  doctrine  and  worship 
to  celebrate  days  of  fasting,  etc. 
elders  to  consult        .... 

to  deal  with  iiieinbers  under  the  hand 

of  justice    . 

magistrates    and    other 

officers 

censure    not   to   degrade   from   civil 

<lignity    ...... 

to    he    under    supervision    of    civil 
authority         .         .         .         .         . 

private  meetings  allowed  . 
expenses  of  elilers  on  public  business 

to  be  paid  by  treasurer  . 
preachers  and  lUlers  of     . 

to  be  approved  before  or- 
dination 
penalty  for  (lisiurl)iiig  peace  of 
conceited  pretences 
absence  from  meeting 
minister  to  be  provided  with  house    . 
allowance  for  maintenance . 
exeiuplion  from  taxation 
heterodox,  to  he  removed    . 
acts  of  church    offii'ers    to    he    chal- 
leng^'d    by  no   one    unless   in    full 
comnuinion    ..... 

charges  of  .  .  .  .  . 

elders  exempt  from  tax 
nienii>ers    not   exempt    from    public 
service   .         .  .         , 

penally  for  refusal  to  serve, 
children  of,  to  be  watched  over 
CI  OKU 

tax  upon  sale  in  public  houses  . 
not  to  ho  sold  or  given  to  Indians 
sale  of.  at  trainings,  forbidden 
CIVIL  I'KIVH.KGKS 

not  lo  he  abridged  except  by  express 
law  or  word  of  God 
CLAI.M 

to  title   of  real  estate  must  be  prose- 
cuted within  five  years  . 
against  insolvent  estate  to  be  proved 
within  twelve  months 
CLARK.    XATIlAMKh 

a]>pointed  naval  officer  for  Newbury 
anil  Salisluirv  .  .  .  . 

CLERK  OK  rillC  ilANl)  (see  Mii.itia). 


149, 

§' 

233, 

§1 

235, 

§9 

230, 

§9 

4-1, 

512 

44, 

S13 

nl. 

§2 

291, 

§-' 

43. 

?1 

43, 

§1 

;43. 

§2 

5t;, 

«i2 

43, 

§3 

4:! 

8+ 

43 

(J.-; 

43, 

¥> 

43 

S" 

43 

§« 

43,  §9 
44,  §10 
44,  §10 


44, 

§11 

J+. 

§12 

44, 

§13 

44, 

§13 

44, 

§13 

44, 

§14 

4.^, 

§1  + 

4,5, 

§!,-> 

45, 

§10 

4.-), 

SI" 

2( 

.  §1 

4G, 

§1« 

4(;, 

§19 

•>■ 

'•  §■-' 

2a 

,  §3 

.55 

.  §1 

.1^ 

•  SI 

23c 

.§1 

na 

.  §4 

7i 

.§•' 

20. 

'■§1 

1.  §1 

124,  §1 
2.->0,  §4 

313,  §7 


29, §1 


29, 

§1 

29, 

§1 

29, 

§1 

29, 

§1 

18, 

§3 

29, 

§1 

0.5, 

§1 

130, 

§2 

1.30 

§2 

147, 

§1 

1.57, 

§1 

283, 
,207, 


§6 

§1 

§♦ 
§2 

.  264,  §5 


283, 
287, 


CLERK  OF  COURT  (see  Courts). 
CLERK  OF  MARKET  (see  Market). 
CLEKK  OF   WRITS 

nominated  by  town  and  confirmed  by 

shire  court 

to    grant    summons,    etc.,    in    civil 

actions 

fees 

warrants  to  be  directed  to  constable  . 
to  collect  marshal's  fees     . 
to  keep  record  of  town  brand-marks, 
grant  attachment  .... 
to  register  horses  for  transportation  . 
to  record    births,    deaths,    and    mar- 
riages ..... 
to  record  returns  made  yearly  to  re- 
cords of  county  court 
to   keep    toll -book    of    horses    and 

cattle 

to  notify  court  of  resignation  of  ex- 
ecutor          

to  record  testimony  taken  out  of  court,  1">8.  §2 
to  issue  all  processes  in  king's  name,  101,  §1 
to  require  security  on  granting  att.ach 

n)ent    ..... 
to  take  security  from  strangers  bring 

ing  suit        .... 
to  receive  tax  upon  cattle, etc.,  brought 
from  other  colonies 
repealed 
authority  of  signature  of    . 
CLOTHING  (see  Apparel). 

act   to    encourage    domestic    manu 
facture  of         ...  . 

COASTERS,  COMMON. 

constable  to  present  to  magistrate 
COINAGE 

mint  established  at  Boston 
master  appointed  by  general  court 
stamp  of  coins  prescribed 
value  of  alloy  established 
allowance  for  coinini; 
weight  of  coins  established 
committee  of  general  court  to 

lish  mint 
exportation  of  coin  prohibited 
searchers  to  l)e  appointed  . 
powers  of . 
appointed  by  general  court 

in  certain  towns 
authorizeil  to    break    open 

chests,  etc. 
constables  to  assist    . 
Mexican     pieces-of-eiglit      declared 
to    be   legal     cur- 
rency   . 
at  six  shillings   per 
ounce 
COLLECTOR  OF  FOR  T  (see  Cistoms) 
duties  of    . 
oath  l)re^cribed 
COLLEGE 

Harvard,  in  Cambridge     . 
preparati(m  of  youth  for    . 
revenue  of  ferry  continued  to  . 
annual    allowance   to   president  and 
fellows     . 
to  be  levied  in  ad- 
dition lo  country 
rate  . 
students    not    to  be   entertained   in 
public  liouses  .... 

board  of  overseers,  to  make  orders  . 
to  dispose  of  rev- 
enues 


stab- 


14 

, 

fiC 

§1 

117 

§1 

117 

§1 

117 

§1 

117, 

§1 

117, 

§1 

117 

§1 

118 

§1 

118 

§2 

118 

§2 

118 

S2 

118,  §3 

119.  §3 
119.  §3 


2n2a 


294,  §5 


70 

§3 

109, 

§33 

29, 

§1 

130 

§2 

30 

§1 

30,  §1 


30,  §1 

27,  §3 
29,  §1 


29.  SI 


Index  to  Colonial  Lavs. 


COLLEGE,  continued. 

board  of  overseers,  quorum  of  .     29,  §1 

appeal    from    to 

full  hoard        .     29,  §1 
to  distribiite  an- 
nual allowance 
among     presi- 
dent   and   fel- 
lows       .         .     :!0,  §1 
to  admit    no    in- 
structors     un- 
sounil    in    tlie 
faith        .         .  13G,  §3 
officers  liable  for  rates  levied  to  pav 

war  debt    .         .         .        "239,   §20 
of  corporation  excepted        .  2.59,  §20 
COMMISSIONERS 

of  the  United  Colonics,  elected  by  bal- 
lot,    47,  §2;  274,  §1 
form  of  com- 
mission   .  163,  §i> 
of  sliires,  appointed  to  carry  votes  to 

Boston  .         .         .         .    47,  §3 
to  return  names   of  nomi- 
nees to  constable  .         .     48,  §3 
in      Devonshire     county, 

powers  of      .         .         .  218,  §3 
of  towns,  three  freemen  appointed  by 

court 20,  §1 

fiiielitv    to   be   approved   by  county 

court 22,  §4 

oath  prescribed  .  .  .  IGG,   iJH! 

to  hear  small  causes.  .  2.  §4  ;   20,  §1 

to  issue  summons  or  attachment        .     20,  §1 
to  administer  oaths    .         .  G,  §1;20,  §1 

to  hear  no  cause  in   which  they  are 

concerned      .         .  .         .         .     21,  §2 

appeal  from,  to  county  court     .         .21,  §2 
to  dispose  of  cards  or  dice  .         .    58,  §2 

to  fine  brewers  of  bad  beer        .  .     80,  §2 

to  punish  breach  of  tlie  peace  .         .     11,  §1 
unruly  cbildren  .         .     27,  §2 

gamesters  ....     .")8,  §t 

drunken  Indians         .         .78,  §11 
any  tliat  are  drunk     .         .    81.  §.5 
siiiLjing  in  public  houses     .  84.  §17 
profaners  of  the  Sabbath    .   132,  §1 
drinkinij    in    taverns    after 

sunset     ....  133,  §2 

lu^glectiny  to -.vatcli    .  .  1.^4,  §1 

to    designate    towns    through   which 
Quakers    shall     be    whipped    and 
number  of  stripes  .         .         .         .     G3,  II 

powers  in  case  of  suspected    misde- 
meanor ......  324,  §1 

for  settlement  of  insolvent  estates     .  2.")0,  §t 
assessment  of  taxes      .  .  .     23,  §3 

of  Boston  (see   H()St<^n). 
of  lOssex,  Middlesex,  and  Sussex,  to 

set  jirice  of  corn    ....     2,"i,  §3 

of  martial  discipline,  form  of   oath,  IG8,  §'iG 
for  holding  court  among  the  Indians,     77,  §9 
for  taking  ti'stim(»nv  of  witnesses  out 

of  court.  .      '   .  .  .  .  158,  §2 

COMMISSIONS 

to  bear  tlii'  jvnblic  seal        .  .  .  135,  §1 

of  militarv  otficers  (see   Mii.itia). 
COMMON   I''1KM)S 

no  cattle   to  In-   put  in   until  corn   is 

out 17,  §1 

maintenance  of  fen<-e  .         .         .     17,  §1 

liberty  to  fence  in  severalty       .         .     17,  §2 
improvement  of  ...         .     19.  §7 

not  to  be  assessed  for  taxation  .  .    23,  §3 

liberty  to  keep  sheep  on    .         .         .  137.  §1 


COMMON  FIELDS,  continued. 

to  be  cleared  of  wood  and  brush  .  138,  §1 
restriction  of  privileges  in  towns  .  149,  §6 
majority    of    jjroprietors    may   limit 

iuiuiIkt  of  cattle  on         .  .  .  211,  §8 

petialtv  for  keeping  horses  in  without 

license 209,  §3 

COMMONWEALTH 

to  read  "  jurisiliclion  "  in   laws   jirior 

to  1G81 291,  §2 

COMP.VNY  (see  Mii.itia). 
CONCORD 

designated  as  frontier  town        .  .  247,  §5 

CONDEMNATION   (see  Skxtknck). 
CONFERENCE 

of  elders  of  churches  .  .  .     43,  §8 

CONFISCATKJN 

of  liglit  weight  I)reMd  .  .  .       9,  §1 

of  lands  and  goods  for  non-ai)pearance 

in  capital  cases       .  .  .  .  IG,  §17 

of  defective  casks      ....     IG,  §1 

of  imported  goods  landed  before  entry,   G7,  §1 

if  bulk   is  broken   .  298,  §2 

if  laden  or  unladen 

in  night-time       .  298,  §3 
of  goods    and    vessels   trading   with 

Indians    ....      75,  §2;   247,  §8 
of  certain  provisions  brought    from 

Eiiropr  for  sale,  106.  §2 
suspended  .  2.39,  §19 

of  estate  of  exporter  of  coin      .         .118,  §2 
CONSCIENCE  (see  Doctium:,  Hkkesv). 

Iibertv  of,  in  voting  ....  153,  §1 
CONSIGNEE  (see  CtisToMs). 

to  pay  duty  on  imported  goods  .         .     70,  §2 
certify  value  to  collector        .         .     71,  §5 
CONSPIRACY 

to  rebel   against  the  commonwealth 

punished  by  death  .         .         .15,  §12 

to  surprise  towns  or  forts  .         .  15,  §12 

to  subvert  the  frame  of  government,  15,  §12 
repealed  .         .         .  291,  §1 

reenacted,        substituting 
"  sovereign  "for  "com- 
monwealth "  .         .  293,  §3 
torture  authorized  to  compel  convict 

to  reveal  confederates    .         .         .  129,  §1 
of  jurors  to  render  false  verdict         .  201,  §1 
oath  to  disclose,  against  sovereign  .  262,  §1. 
CONSTABLES 

to  be  elected  annually  by  towns         .  147,  §1 
eligibility  to  office  of        .         .         .  148,  §4 
property    qiuilification    re- 
moved    ....  352,  §G 
oath  pres<Tilieil  .  .  .  1G8,  §27 

stalf  of  office 31,  §2 

when  to  be  carried         .  221,  §7 
penaltv    for   refusal   to   serve  when 

chosen   ....       55,  §1 ;    148,  §5 
all  attachments  to  be  directed  to,  8,  §1 ;  29,  §2 
regulations   for  ser- 
vice of         .         .  220,  §6 
to   return  attachments  at  first  fore- 
noon of  court        .         .         .         .       2,  §2 

to  levy  fines 13,  §2 

to  make  returns  to  county  treasurer 

under  penalty        ....  151,  §5 
to     impress      workmen     tor     public 

works 12,  §3;  73  §1 

to  search  for  stolen  goods  .  .     13,  §3 

to  aid  commissioners  of  Boston         .    22,  §< 
to  collect  town  rates  .  .  .     31,  §1 

to  levy  country  rates  on  warrant  of 

treasurer  .  .  .     24,  §3 

penalty  for  neglect         .         .     25,  §4 


Index  to  Colonial  Laws. 


CONSTABLES,  continued. 

to  impri'ss  boats  or  carts  .  .  .  2'>.  $4 
levy  by  distress  ....  '2'>,  ^^ 
to  account  to  treasurer  by  May  1  .  'J'}.  §4 
to  collect  after  exjiiration  of  term  .  25,  §4 
to  inform    of    persons    entertaining 

youth 27,  §3 

to  Inflict  whipping  or  punishment or- 

tlered  in  tlieir  own  towns         .  .     31,  §1 

to  convey  ort'enilers  ....  31,  §2 
to  put  forth  and  pursue  hue  and  cry,  31,  §2 
to  apprehend  witliout  warrant  ccrlain 

ofl^'enders 31,  §2 

to  search  licensed  houses  .         .31,  §2 

to  summon  jury  of  inquest         .         .    3!),  §1 
to  make  returns  of  elections  of  depu- 
ties to  general  court       .         .         .    41,  §2 
to    receive    and    transmit  vote^    of 

towns 47,  §2 

to  impress  assistance  for  apprehend- 
in;;  and  wliippin;;  (Quakers      .  .  03,  §10 
to    ajiprehend    )iersons    found   at  a 

Quakers' meelini;  .         .     234,  §4  ;  250,  §3 
to  take  notice  of  idle  persons    .         .    (!(>,  §1 
present  list  of,  to  selectmen.  23f.,  §10 

to  warn, jurors  .....    SO,  §1 
to  seize  male,  etc.,  brought  from  Eu- 
rope for  sale     .  lOG,  §2 
repealed      .         .  lOG,  §3 
to  hang  sheep-killini;  dos  .         .  138,  §2 

in  |>ort  towns  to  notify  vessels  to  re- 
port passengers  on  arrival  .  .  143,  §1 
to  notify  courts  of  strangers  admit- 
ted without  license  .  .  .  144,  §1 
to  serve  all  warrants  of  selectmen  .  1.50,  §>f 
to  apprelienil  vagabonds  .  .  .  153,  §1 
to  order  watch  .....  154,  §1 
to    provide      standard    weights    and 

measures   for  towns       .         .         .  155,  §1 
to  verify  tally  of  wolves  killed  .  IGO,  §3 

to  require  artificers  to  labor  at  har- 
vest, on  request     .  .  .  101,  §1 
to  arrest  delinquent  soldiers  on  of- 
ficer's warrant        ....  204,  §3 
to  make  quarterly  list  of  persons  who 

have  not  taken  oath  of  fidelity       .  257,  §1 
to  convene   inhabitants  to  take  oath 

of  allegiance  ....  263,  §2 

to   read  the    Sabbath   laws  at  some 

jiublic  meeting      .         .         .  272,  §10 

to  seize  liipior  on  sale  at  trainings    .  2(>5,  §1 
to  a'isist  tithing  man  .         .         .275,  §t 

to  present  names  of  persons  racing 

horses  for  inoiU'V  ....  347,  §1 
to     furnish     information    of    single 

women  entertaining  lodgers  .         .  210,  §4 
penalty  for  refusal  of  citizens  to  as- 
sist          31,  §2 

proceedings  in  cases  of  resistance  of 

drunkard  to  assist           .         .         .    81,§5 
allowance  from  fees  to  marshal-gen- 
eral          103,  §5 

oriler  for  settlement  of  accounts  of, 

in  corn  ......       29Ga 

question  as  to  authority,  resolved     .  288,  §3 
military    commissioned    otHcers   ex- 
empt from  service  as     .         .         .  ,352,  §7 
fine  for  refusal  to  serve,  ill  Salem     .  247,  §G 
CONlKMl'l'    UF   COUUT 

not   hailahle 74,  §1 

failure  to  ii))pear  to  answer  present- 
ment of  grand  iurv        .         .         .     88,  §fi 
CONTHACTS  (see  Dkbt). 

to  be  satisfied  in  goods  or  money  as 
specified l-'O,  §1 


CONTRACTS,  continued. 

corn,  etc.,   no   longer  acceptable  in 

place  of  money       ....  121,  §2 
COXVEYAXCES  (see  Dkkds). 

act  concerning  .....    32,  §1 
form  prescribed  ....  353,  §1 

COOK-SHOP 

must  be  licensed        .         .         .         .84,  §18 
COOPERS  (see  Cask). 

to  have  a  distinct  brand-mark  on  his 

own  casks 10.  §1 

staves,  length  and  quality  prescribed,     17,  §1 
COPULATION 

with  beasts,  punished  by  death  .     14.  §7 

with  maid  or  single  woman        .         .  15,  §15 
with  chilli  under  10  years  of  age       .  15,  §16 
CORD 

of  wood,  measurement  established    .  IfiO,  §1 
CORN 

taxes  payable  in         .         .         .         .24,  §3 
price  to  be  set  .         .         .         .    24,  §3 
when  taken  in  distress,  security  to  be 

given  .  .  .  .  ".  .  4I,§1 
use  of,  in  election  of  assistants  .  47,  §1 
penalty  for  wanton  destruction  .    51,  §1 

servants'  and  workmen's  wages  to  be 

paid  in 105,  §5 

acceptable  for  county  taxes  at  country 

rates '.  152,  §5 

measurers  of,  appointed  .         .         .  15u,  §2 
cornfields,    maintenance    of     fence 

about  .         .         .         .    17,  §1 
insiitticiently   fenced,  no 

ilaniage  by  trespass     .    20,  §1 
of   Indians    to    be    pro- 
tected .         .         .         .    7fi,  §7 
of  .absent  soldiers  to  be  cultivated     .  245,  §1 
CORPORAL  PUNISHMENT  (see  Tok- 

TURE,    WhIPI'INo)- 

COUNCIL      OF      THE       COMMON- 
WEALTH 
comprised  of  governorand  assistints,    3l!,  §1 
to  be  called  by  letters  from  governor,    33,  §1 
seven,  including  governor  or  deputy, 

to  have  power  to  act  .  .  .  33,  §1 
in  extraordinary  cases,  as  many  as 

may  assemble         ....    34,  §1 
power  to  impress  soldiers,  etc.           .    34,  §1 
to  reprieve  condemned  malefactor    .    35,  §4 
to   determine  doubtful  cases  of  cus- 
toms duties 72.  §12 

to  abate  military  fines        .         .         .  24U,  §2 
to  grant  lilierty  to  persons  of  military 

age  to  leave  town .         .         .  248,  §10 

COUNSEL 

not  to  be  sought  of  magistrate  who  is 

to  hear  the  cause  ....     34,  §1 
COUNTY  (see  County  Colrt,  Co.mmis- 

SIOSKKS,    MiI.ITIa). 

to  jirovide  a  house  of  correction        .  127,  §2 
of  Devonshire,  established         .         .  218,  §3 
provision    for    court 

in  .         .221,  §9 

accounts   of,  for  Indian   war,   to   be 

audited  at  Boston  ....        248a 
to  pay  bounty  for  wolves  killed         .  100,  §3 
not  liable  if    killed  in 

another  county        .  325,  §4 
meeting-houses  erected   without  au- 
thority, forfeit  to  .  .         .         .  207,  §!) 
COUNTY  COURTS  (sec  Ma..isti(atks. 
AssociATKs,  AcrioNs,  Witnksses). 
to  be  held  by  resident  magistrates     .    30,  §7 
number  of  judges      ....    SO,  §7 
jurisdiction  of  .          .         .         .         .    36,  §7 


10 


Index  to   Colonial  Lans. 


COUNTY  COURTS,  continued. 

COUNTY  COURTS,  continued. 

to     determine     settlement    of     pau- 

commissioners  to   have    powers    of, 

pers        123 

.  §' 

among  Indians       .         .         .         . 

77 

§!> 

to  refer  difficult  questions  to  general 

acts  of  an  associate  and  magistrate 

court      ......  38, 

§11 

valid       .         .         .         .      \ 

208 

§2 

disagreed   cases    to   go    to    court   of 

question  lis   to  legality  of  judgment 

assistants        .         .         .         .         .87 

§+ 

at  adjourned  session,  resolved 

288 

S''"' 

to  appoint  clerks  and  other  officers    .    3fl 

§' 

adjournment  of           ...          . 

30 

tl 

summon  juries,  etc.        .         .         .36 

§7 

in  Dover  and  I'lyniouth,  appeal  to     . 

4 

til 

times  and  places  of  holding       .         .    37 

S' 

in  Devonshire,  est.iblished 

218 

§:! 

special  courts  for  strangers       .         .    38 

§8 

provisiiui  for  holding. 

221 

§!» 

to    appoint    commissioners    to    hear 

clerk  of,  to  return  reason  of  appeal 

small  causes  .         .         .         -'0,^1;   22 

§-t 

to  court  of  assistants 

4 

§2 

associates  for    .         .         .         .         .21 

S-' 

to  sign  warrants  fur  ju<lgments. 

30 

§^ 

appointed    by   general 

fee  for  recording  judgments 

37 

§" 

couit        .         .         .36 

§" 

to  certify  names  of  freemen  to 

appeal  to,  in  small  causes          .         .     21 

§2 

secretary        .         .         .         . 

38, 

§12 

to  appoint  trustees  of  public  legacies 

to  record  names  of  such  as  take 

and  gifts  and  require  accounting  .       9 

§1 

oath  of  fidelity 

258, 

§1 

to  apj)ortion  charges   for  repairs  of 

to  return  all   fines  to  treasurer 

bridges .12 

§1 

within  fourteen  diivs 

51 

§1 

may   admit   church-members    to    be 

to  issue  warrant  for  jurors 

86, 

§1 

freemen 38, 

§12 

to  record  returns  of  executions 

to  fi.\  minister's  allowance          .         .  4.5, 

§1' 

by  marshal    .         .         .         . 

102 

§2 

appeal  from  assessment .  46, 

§1' 

to  record  judgments,  evidence. 

to  purge  towns  of  heterodoxy    .         .46, 

§18 

verdicts,  etc. 

129 

§1 

to  maintain  tlie  ministry   .          .         .46, 

§18 

fees   for    entry    and  transcrib- 

to judge  heretics        .         .         .          .50 

§-' 

ing,         

130 

§1 

to  question  anil  censure  publislier  of 

to    keep    books    of  account   of 

heterodox  doctrines        .          .          .61 

§8 

fines 

151, 

§t 

to     license     erection     of     meeting- 

to record  wills  offered  for  pro- 

houses   ......  267 

§i' 

bate       .         .         .         .         . 

157, 

§1 

to  appoint  persons  to  lay  out  country 

with  two  magistrates,  to  allow 

highways 04 

§1 

probate  in  vacation  of  court. 

158, 

§2 

to    order    removal    of    obstructions 

with  two  magistrates,  to  grant 

upon  highways       .         .         .         .65 

§3 

administration  on  estate  of  in- 

to punish  idle  jiersnns        .          .          .06 

§1 

testate   

158, 

§2 

excess  in  apparel        .         .  233 

§:! 

to  issue  all  writs,  etc.,  in  king's 

to    impose    fine    upon    grand   juries 

name 

161, 

§1 

neglecting  duty      ....  233 

§''^ 

form  of  oath  prescribed    . 

215, 

§2 

to  license  packers  of  sturgeons          .  20'.l 

§■1 

COURTS  (see  General  Court,  Codnty 

to  appoint  searchers  of     .         .         .  210 

§^ 

CoDRT,     Actions,   Mauistrates, 

to  order  new   execution  in   case    of 

Associates). 

fraud 21.") 

§1 

liberty  of  si)eech  and  petition  in 

no. 

§1 

to  set  the  time  a  debtor  nuist  serve 

contempt  of,  how  punished 

36, 

§« 

in  satisfaction         ....  305 

§+ 

officers  of,  exempt  from  military  ser- 

to license  innkeepers          .       70,  §1;  84, 

§16 

vice        

109, 

§9 

number  limited,  235 

§8 

minority  ni.ay  have  dissent  recorded. 

128, 

§1 

to  punish  violation  of  license    .          .  352 

§^ 

person  under  indictment  to  be  tried 

to    hear   appeals    from    sentence    of 

at  next  court           .         .         .         . 

38. 

?10 

magistrate  for  lying       .         .         .02 

§1 

verdict  of  jury  to  be  final 

201, 

§1 

may  authorize  residence  of  nuirried 

clerk's  oatli  inescribeil 

21.5, 

§2 

jierson    whose    husband    or    wife 

COURTSIIII'  (see  Marhuci,). 

resides  abroad         ....  101 

§+ 

of  maid,  forhidden   williout  previous 

to  coinjiel  restitution  for  overcharge 

consent  of  parents 

101, 

§3 

by  merchants          .         .         .          230, 

§11 

COVENANT  (see  Oath). 

to  determine  rate  of  wages  in  case  of 

CREDITOR  (see  Deiit). 

difference       .         .         .         .         .105 

P 

to  ])rosecute  claim  with  inthree years. 

40, 

§1 

to  appoint  searchers  of  coin      .         .lis 

§■-' 

to   present   claim    iigainst   insolvent 

to   appoint  master  of  house  of  cor- 

estate within  one  year   . 

250, 

§1 

rection   .         .                   .         .         .127 

§•■5 

to  receive    satisfaction    in    goods  or 

to  judge  profaners  of  the  Sabbath,     133, 

§1; 

money  according  to  contract 

120, 

§1 

134 

§t 

may  imprison  debtor 

1-1, 

§1 

to  record   finding  of  lost  goods  and 

levy  on  goods     .... 

121, 

§1 

stray  beasts    .         .         .         .         .142 

§2 

CRTMINAI,    CASES    (see    Age,    1!ail, 

to  take  probation  of  wills           .         .  157, 

§1 

Hi'Rc.i.ARV,   Caimtai.  Chimes). 

to  divule  estate  of  intest.ate       .         .  158 

§3 

all  jjcrsons  liable  to  answer  without 

to    appoint    commissioners   to    settle 

regard  t(>  age          .... 

0 

§1 

insolvent  estates    ....  250, 

§+ 

CRUELTY  (see  I'iinisiiment,  Torture). 

to  empower  heirs,  etc.,  to  sign  deed 

to  animals  forbidden 

30, 

§1 

of  sale 2'.I6, 

§11 

of  master  to  servant 

105, 

§<! 

powers  with  reference  to  execution 

barbarous  and  cruel  punishment  for- 

of wills            .          .          .     330,  §5;   333 

§1 

bidden    ...... 

129, 

§1 

appeal  to,  from  disposition  of  select- 

CULEERS OK  BRICKS 

men        148 

§:' 

towns  to  appoint  }'early    . 

SCI 

§* 

Indeo:  to  Colonial  Laus. 


11 


145,  §2 


CURRIER  (sec  I.p.atiieii,  Hides). 

forbiilileii  lo  iict  as  tanniT  .         .    «»,  §1 

penalty  for  producing  inferior  leather,    89,  §3 
can   receive   no   unwrouflit   leather 

unless  scaled  .  ■         •  212,  §13 

CURSIXfl    (see    I'noFASK   Swearing). 
of  any  person  or  creature,  penalty    . 
CUSTOM 

not   to  prevail   in    any   moral   case 
against  the  word  of  God 
CUSTO.MS  (see  Exports,  Imports) 

collection  of 

recoverable  by  action  at  law     . 
payable  in  money       .... 
officer  of,  and  dei)uty 

powers  and  duties  .         .         . 
constables  and  iitliers  to  assist, 
to  collect  harbor  dues      . 
collector,  empowered  by  treasurer 
oath  prescribed 


12C,  §1 

fi",  §1 
()«,  «2 
TO,  §o 
CiH,  (jl 
B8,  §2 
'18,  §2 

01',  §•■( 

,     TO,  ^3 

1G;>,  §33 

.     TO.  §4 

1,  §5 

1,  §6 


to  mark  parcels 
to  receive  cerJified  invoices, 
to  levy  duty  by  distress      . 
to   rate    goods   improperly 

invoiced  .         ■         .     Tl,  |T 

wines  and  liquors,  entry  of,   67,  §1 ;  "0,  §.i ; 

31.9,  §1 


CUSTOMS,  continued. 

wines  and  liquors,  rates  upon 


goods 


68,  §1; 
25»,  §10 


and     provisions,    ratable   as 

other  estates         .  .         .70,  §1 

valuation  of     .  .         •         •     '0,  §2 

after  payment,  not  to  be  again 

rated  the  same  year  .  •  T2,  §11 
master    or   purser   to    certify 

goods  to  collector         .  .     "0,  §3 

parcels  to  be  marked  with  name 

of  consignee  .         .         .70,  §4 

value  to  be  certified  .         .    71,  §5 

duty  to  be  levied  by  distress  on 

failure  to  pay  .  .  .  '1,  §<; 
penalty  for  falsifying  invoice  .  71,  §7 
special  duty  on  European  malt,  209,  §1 


export  charges,  on  cattle 

goods,  hides,  etc. 

law  of  16G8  repealed 

law  to  be  i)ublished  in   Boston  and 
Charlestown  ..... 

Pascataqua     river,     questions     con- 
cerning collections  in     . 
CUTTS,  RICHARD 

appointed    receiver    of    fortification 
dues  at  I'ascataqua 


I,. 

71,  «9 

72,  §12 

72,  §12 

72,  §14 

140,  §5 


3, 

§8 

•2 

§3 

11, 

§1 

12 

§•-' 

18, 

ij:! 

18 

§4 

DAMAGES 

claim  for  excessive  • 

in  actions  of  trespass 
may  be  recovered  by  ship-master  from 
person     furnishing     unwholesome 

beer 

for  injury  by  defective  highway,  etc. 
by  trespass  of  civttle 

of  gnats  ... 

of  swine  or  calves,  20,  §1  ,  145,  §2 
by  reason  of  insufficient  fences  .     ^0,  §1 

not  exceeding  40   shillings,  may    be 
determined  by  magistrate  or  com 
missioners       .... 
by  negligence  of  master  of  vessel 
by  fouling  at  moor.ige 
by  collision  with  vessel  at  anchor 
of  goods  at  sea 
DANCING 

forbidden  in  public  houses 
DAN  FORTH,  JONATHAN 

appointed  surveyor  of  land 
DE.ATH  (see  Capital  Crimes,  Cai-itai 

rtlNISHMEST). 

untinuly,  mquesttipon 
record  of  ..... 

to  be  reported  to  clerk  of  writs 
DEHT  (see  Arrest,  Assignee). 
imprisonment  for        ... 
liberty,  on  bail  ... 

assignee  to  recover  as  fully  as  assignor,   10,  §1 
suit  for.  to  40  shillings,  may  be  heard 
by  magistrate  or  commissioners     . 
not  recoverable  of  minors 

of   sailors,    by    inn- 
keeper 
for    liquor,    by    inn- 
keeper 
outstanding  on  books  to  be  balanced 
within  three  years 
unless  prosecuted  in  court,  40,  §1 
time  extended,    204,  §1  ,  219,  §1  ; 
2.-.3.  §9 
repealed  .         .         •  260,  §0 


20,  §1 

96,  §11 

9fi,  §12 

,  97,  §13 

,  97,  §10 

.    57,  §1 

296,  §9 


39,  §1 
130.  ^2 
130,  §2 

fi,  §2 
§1 


20,  §1 
27,  §4 

134,  §1 

271,  §6 

.39,  §1 


DEBT,  coniiniied. 

to  be  paid  in  kind,  according  to  eon- 
tract        .  .         .  .         •  • 

corn,  etc.,  no  longer  acceptable  in 
place  of  money       .... 

payable  in  wampum  to  40  shillings  . 

rate  of  interest  on.  established  . 

delivery  into  service  for    . 

against  estate  of  deceased,  when  ex- 
ecutors are  liable  for 

DEDHAM 

searchers  of  com  appointed       .         . 

DEEDS  (see  Estates,  La>i>8). 

sale   of    house     or    land    not    valid 

without     .... 

to  be  recorded 

exceptions    .         .         •         • 

form  of,  prescribed    .  .       32,  §2; 

invalid  wlien  obtained  by  force  . 

when  fraudulent     . 
when  grantor   remains  in  possession, 

invalid  unless  recorded 
penalty  for  refusal  to  acknowledge    . 
clerk  of  shire  court  to  enter 
grantor  may  enter  caution 
penalty  for  forging  .... 
record  of  ..... 

transcript  of 

DEFAMATION 

of  cdurls  or  magistrates     . 

by    reproachful    speeches    in    open 

court 

county  court  to  hear  appealed  cases 

of 

DEFENDANT  (sec  Actions). 

age  for 

outside  jurisdiction  of  court 
service  of  summons  upon 
with  consent  of  plaintiff,  may  choose 
manner  of  trial  .  .  .  . 
may  challenge  jurors  .  .  . 
penally  for  seeking  advice  of  sitting 
magistrates 


120,  §1 

121,  §2 
154,  §1 
153,  §1 
305,  §5 

157,  §1 

118,  §3 


32,  §1 
32,  §1 
32,  §2 
353,  §1 
3'.',  §3 

32.  §3 

33,  §4 
33,  §4 
33,  §4 
33,  §4 
54,  §1 

130,  §1 

131,  §3 

30,  §6 
3G,  §6 
21,  §2 

2,  §1 
T,  §1 
7,  §2 

152,  §2 
152,  §3 

34,  §1 


12 


Index  to   Colonial  Lavs. 


DEPUTIES  (see  General  Court,  Elec- 
tions). 
to  general   court,  towns  to  send         .    IS"),  §1? 
allotment  of    .         >    40,  §1 
freemen    to    choose 

by  ballot      .         .    40,  §1 

oath         .         .         .    34,  SI 

duties  and  powers  .  34,  §2; 

40,  §1 

misconduct  of         .    3(1,  §(! 

not  required  to  be  resident  of  towns 

where  chosen  ....  40,  §2 
power  to  determine  election  of  mem- 
bers when  met  in  general  court  .  40,  §2 
to  liold  offlee  for  one  year  only  .  41,  §2 
must  be  Drthodox  Protestant  .  .  41,  §2 
penalty  for  absence  from  sessions  .  41,  §2 
attorneys  in  inferior  courts  ineligi- 
ble   41,  §2 

to  receive  and  transmitvote  of  town 

for  assistants,  etc.  .     47,  §2 

for  general  officers   .         .  274,  §1 

may  present  petitions  without  fee      .  121,  §1 

exempt  from  military  service     .         .  100,  §!) 

from  constable's  watch.         .  155,  §2 

from  ferriage  tolls         .         .    50,  §1 

clerk  of,  to  enter  petitions  and  receive 

fees  for 121,  §1 

DEPUTY  GOVERNOR 

elected  by  ballot        .         .    47,  §2  ;  274,  §1 ; 

282,  §3 
oath  prescribed  ....  164,  §'J 

to  be  member  of  bo.ard  of  overseers 

of  Harvard  college  .         .         .    29,  §1 

power,  with   governor,     to  reprieve 

condemned  malefactor       ,    35,  §4 
to  call    general    court  upon 

urgent  occasions       .         .    35,  §5 
to  call  court  of  assistants  for  trial  of 

capital  cases  ....    31!,  §7 

to  hold  special  court  for  strangers     .    37,  §8 
DESERTED  TOWNS 

regulations  ofresettlement         .  267,  §10 

DESERTION 

in  time  of  war,  penalty      .         .         .  230,  §6 
DEVONSHIRE 

county  of,  established        .         .         .  218,  §3 
provision  for  court  in         .         .         .  221,  §'.) 
DICE  (see  Gamino). 

penalty  for  iilaying  nt        .         .         .    .58,  §1 
for  bringing  into  tlie  colony  .    58,  §2 
DISABILITY 

as  i)enalty  for  forgery         .         .         .    54,  §1 
DISBURSEMENTS 

for  Indian  war,  committees  to  audit .  248  a 
rates  established        253,  §12 
DISFR.VNCHISEM  ENT 

for  defamation  of  magistrates  .         .    36,  §6 
DISSENT 

of  minority  of  court,  etc.,  to  lie  re- 
corded      128,  ?1 

DISSOLUTION  (see  Adjournment). 
DISTILLER 

to  bi'  licensed  bv  county  court  .  84,  §16 

DISTUKSS 

of  goods  or  estate  for  taxes  .  .  24,  §3 
of  i)erishable  produce,  security  for  .  41,  §1 
for  non-payment  of  customs  duos  .  71,  §0 
of  goods  or  vessels  for  non-payment 

of  fortilieation  dues        .         .         .  140,  §5 


DISTRESS,  continued. 

towns  may  levy  penalties  by      .         .  147,  §1 
sealer  of  weights  and    measures    to 

levy  lines  by  ....  156,  §1 

DISTURliANfE 

in  public  house  .         .     84,  §16;  250,  §1 

in  house  of  worship  ....  234,  §6 
DIVORCE 

to  be  tried  before  court  of  assistants 

at  Boston 36,  §7 

woman,    when    innocent,    to    retain 

right  of  dowry  ....     42,  §1 

DOCTRINE  (see  Church,  Hkkksv). 

freedom  of        ....         .    43,  §6 
determination  as  to  orthodoxy  .  44,  §13 

penalty  of  open  disparagement  .  44,  §13 

heterodoxy         .....  46,  §18 
errors  of,  defined,  with  jienalty  .    50,  §1 

penalty  for  denying  the  Scriptures  to 

be  the  word  of  God     .  .     .59,  §2 

for  second  oM'enee  .  .     60,  §2 

erroneous,  county   court  to  censure 

the  publisher  ot      .         .  .     <n,  §8 

certificate  of  orthodoxy  required  of 

freemen           .....    56,  §2 
of  excommunication  by  Pope  repudi- 
ated         262,  §1 

DOGS 

to  be  hanged  for  sheep-killing  .         .  138,  §2 
DORCHESTER 

fairs  established         ....    49,  §1 
powder-mill  at  .         .         .  237,  §15 

DOVER 

appeal  from  court  of  associates  in  .       4,  §1 
deputies    to     general    court,    special 

provision  for  ....    35,  §3 

county  court  of  Pascataqiia  to  be  held 

in 37,  §7 

DOWRY    (see  Inheritance,    Divorce, 
Wiuow). 
one-third  part  of  real  projierty  to  be 

set  out  for  widow    ....     42,  §  I 
in  case  of  neglect  for  one  month,  the 

court  to  make  such  allotment  .     42,  §1 

widow  to  maintain  sucli   property  in 

repair 42,  §1 

DROVER 

liberty  to  rest  and  feed  cattle  in  un- 
enclosed land         ....     42,  §1 
DRUMMER  (see  Militia). 

to  be  chosen  by  commissioned  officers,  272,  §1 1 
penalty  for  refusal  to  serve       .  272,  §11 

DRUNKENNESS 

among  Indians  ....  77,  §11 

in  public  houses,  penalty  .         .    80,  §4 

attempt  to  escape  arrest  for       .         .     80,  §5 
in  camp,  jienallv        .         .         .  230,  §12 

DUCKINCi-STOOL 

used   in   punishment   for    railing  or 

scolding 206,  §1 

VUDLEV,  JOSEPlt 

member  of  committee  on  soldiers'  re- 
lief   247,  §7 

DUDLKV,  PAUr, 

api)ointed  collector  of  iiort  dues  for 

IJoston  and  Charlestown         .  .  271,  §9 

DURESS 

deeds  invalid  when  obtained  under   .    32,  §3 
DUTCHMEN 

forbidden  to  trade  with  Indians  .    75,  §2 


Index  to  Colonial  Laicn. 


13 


ECCLESIASTICAL  (si-e  IIehesv,  Doc- 
trine). 

laws 43 

errors  of  doctrine  defined,  willi  pen- 

iilty 59,  §1 

ELDEHS 

to  meet  in  conference        .         .         .43,  §8 
eharjjcs  of,  when  employed  liy  order 
of  general   court,    to    be   paid    by 

treasurer 44,  §13 

notice  of  ordination  to  be  ffiven         .  44,  §13 
of  Canihrldsje,    Watertown,  (,'liarles- 
town,  Boston,  Koxbury,  and   Dor- 
chester,  to  be    nu'nil>ers   of  lioard 
of  overseers  of   Harvard  College  .    29,  §1 
exempted  from  keepini;  arms     .         .  109,  §7 
from  military  service  .  109,  §9 

from  consUible's  watch       .  15.5,  §2 
rights  of,  on  ferries  ....    .50,  §2 

to  watch  over  children  of  the  church,  233,  §1 
ELKCTIOX.S  (see  livu.OT). 

of  general  officers     .         .    35,  §3;   274,  §1; 

282,  §3 
by  ballot        .         .    47,  §2 
of   assistants    by    Indian'  corn    and 

beans      .         .         .         .         .         .     47,  §1 

of  deputies        .....    40,  §1 

freemen  to  attend  without  summons,    35,  §3 
court  of,  at  Boston,  to  receive  prox- 
ies sealed        .....     47,  §2 

nomination  of  magistrates         .         .    47,  §3 
conmiissioner   to    de- 
clare the  candidates,    48,  §3 
Quakers  and  non-attendanis  on  [iiib- 

lic  wiirslii)!  disfranchised         .  .     48,  §5 

EMBEZZLliMKNT 

by  servants  and  workmen  from  mas- 
ters          13,  §1 

by  master  of  vessel  ....    94,  §4 
by  executors  or  administrators  .         .  157,  §1 
ENGLISHMEN 

no  others  to  |inrcliase  estate  sold  by 

order  of  ciiiirt  .  .  .  .       fi,  §1 

qualifications  as  freemen  .  .  .     hCt,  §2 

e.fempted  from  customs  duties  .         .    <i7,  §1 
from  harbor  duos       .         .    69,  §3 
ENLISTMENT  (see  Militia). 
EXTHY  (see  Actions). 
EQUITY 

to  be  determined  by  the  bench  .         .    8G,  §1 
EIIUOK    (see    IIkhksv,   Docthine,    Or- 
thodox). 
of  doctrine,  detined,  with  penalty      .    .59,  §1 
in  verdict,  jury  may  be  attainted       .  201,  §1 
ESCHEAT 

unclaimed  property  to  be  seized  to 

the  public  treasury  .         .         .49,  §1 

ESSEX 

commissioners   of,   to   set  prices   of 

corn 2.5,  §3 

time   and   place   of   holding   county 

court 37,  §7 

market-day  established  .  .  .  49,  §1 
command  of  militia  in  .  .  .  107,  §1 
date  of  reginu^ntal  meetings      .  IIC,  §22 

connnittee  appointed  to  examine  war 

rates 248  a 

ESTATE  (."ee  Ai^E,  .\hukrt,  Dekiis,  Ad- 
ministrator, Inti.state,  Taxes). 
liberty  to  dispose  of  .  .  .  .       1,§1 

assessment  of    .         .         .         .         .     23,  §2 
in  England  i'\empt  from  tax      .         .    2.5,  §3 
of  ministers    .         .         .    2r>,  §1 


ESTATE,  continued. 

fee  for  entry   of  orders   concerning 

intestate 130,  §1 

insolvent,  administration  of      .         .  250,  §4 
of  children  under  guardianship  .           211,  §11 
of  insane,  to  be  managed  by  select- 
men          248,  §9 

heirs,   etc.,    may   be  empowered   to 

sign  deeds  of  sale.         .         .         296,  §11 
form  of  conveyance  .         .         .  353,  §1 

EVIDENCE 

of  Indian  valid  against  person  fur- 
nishing liquors        .  .         .78,  §11 
in  cases  of  illegal  sales  of  liquor      .  83,  §13 
new,  may  warrant  new  trial       .         .  152,  §1 
EXCISE 

on  cider,  ale,  etc 69,  §4 

sworn  returns  to  be  made  monthlv  or 

weekly '      .     09,  §4 

EXCOMMUNICATION 

denial  of  power  of  Pope  in        .         .  2G2,  §1 
EXECUTION    (see     Arrest,   Attach- 
ment). 
not  to  be  granted  till  12  hours  after 

judgment 3,  §1 

plaintiff  to  give  receipt  for  .  .  7,  §1 
warrant  for,  to  be  signed  by  clerk  of 

court  ....    30,  §1 

for   death,    to   be  signed  by 

secretary  ....    30,  §1 

may  be  directed  to  marshal  general  .  324,  §2 

to  be  levied  by  marshal     .         .         .  lO'J,  §2 

not  by  ileputy         .         .  220,  §4 

may  break  open  house  .  103,  §7 

include  charges  in  levy,  104,  §8 

to  be  recorded  by  clerk      .         .         103,  §2; 

220,  §5 
form  of,  prescribed  ....  320,  §2 
to  issue  against  goods,  and  for  want 

thereof,  the  person         .         .         .  313,  §3 
upon   person  for  debt,  county  court 

must  approve     .          .  305,  §5 
security  be  given           .  283,  §6 
to    hold    only    against   person    sum- 
moned      288,  §6 

against    person    who    dies,    to    hold 

against  estate          ....  288,  §6 
failure  to  take  out  within  one  month 
after    judgment    releases    attach- 
ments       144,  §1 

goods  exempted  from  .  .  .  104,  §8 
respite  of,  in  case  jury  is  attainted  .  201,  §1 
if  frustrated  by  fraud,  a  new  one  to 

issue 214,  §1 

EXECUTIONER,  COMMON 

to  burn  books  of  Ueeves  and  Muggle- 

ton GO,  §3 

EXECUTORS 

to  bring  suit  as  such  .         .         .      8,  §1 

to  make  [irobate  of  will  at  next  coun- 
ty court  .....  157,  §1 

liable  for  debts  of  estate  in  case  of 

neglect  ......  157,  §1 

notice   of   resignation   of   executor- 
ship   157,  §1 

of  intestate,  next  of  kin    to    be    ap- 
pointed   158,  §2 

accountabilitv  to  county  court  .  330,  §5; 

333,  §1 
EXEMPTION 

from  restriction  of  apparel  .  .  5,  §1 
from  serviiuile  .....  10.  §-J 
from  public  charges  ...    22,  §1 


14 


Index  to   Colonial  Lau:^. 


EXEMPTION,  continued. 

from  I'Diinty  rates 

IVdiii  all  laxalidii 

from  levy  liy  distress 

from  votins 

from  payment  of  ferry  tolls 

from  import  tax 

from  impressment 

from  imprisonment    . 

from  escheats  anil  forfeitures 

from  proviiling  arms 

from  nnlitary  service 

from  obligation  of  oatli 

from  cruel  punishment 


§1; 
§5; 


r4,  §1; 


23,  §3 

lii;,  §1 

104,  §8 

153,  §1 

50,  §1 

fi7,  §1 

73,  §2 
lfil,§l 

88,  §1 

io;>,  ij7 

l(l!l,  §!) 

11!),  SI 

129,  §1 


EXEMPTION,  continued. 

from  arrest,  sailors  ....  134,  §1 
from  eonstahle's  watch      .  .  .  155,  §2 

from  service  as  constable .        .         .  352,  §7 

EXETER 

designated  as  frontier  town        .         .  247,  §5 

EXPOK'r  (see  Customs;. 

of  raw  hides  prohibited      .         .         .     (;4,  §1 

coin 118,  i)2 

sheep's  wool 219,  §2 

raccoon's  fur 220,  §3 

provisions  ....  239.  §J1 

repealed     ....  2(;4,  §G 


F.AITII  (see  DoctniNE,  Heresy). 
FAIHS 

dates  and  places  of  holding      .         .     49,  §1 
FALSE-WITNESS  (see  Perjdrv). 
FARMS 

to  he  of  the  same  town  in  which  they 
lie  .         .         ...         .         .     49,  §1 

exemption   of  distant  farmers   from 

attendance  on  trainings  .         .   109,  §9 

FASTING  (see  Ciiiihches). 

day  of,  to  be  celebrated  by  churches,    43,  §7 
every  person  to  attend  wor- 
ship .  .         .         .         .45,  ^15 

FEES 

for  entry  of  actions  (see  .Vctions). 
of  special  town    officers    (see   under 
title  of  office). 

of  marshal 103,  §4 

of  clerk  of  court  for  recordini;  .   130,  §1 

of     clerk    of     writs    for    recording 

births,  etc 130,  §2 

of    clerk    of    writs    for    registering 

horses    ......      65,  §1 

FENCES 

about  common   fields,    to    be    main- 
tained by  occupiers        .         .         .     17,  §1 
selectmen  may  order  in  case  of  dis- 
agreement     .         .         .         .         .     17,  §2 

selectmen  to  make  orders  for  repair- 
ing, etc 19,  §('. 

penalty  for  neglect  of  warning  .      19,  §(1 

between  adjoining  lands,  expense  of,     19,  §" 
how  valued    .      19,  §7 
between  house-lots    .         .         .         .     20,  §1 
no    danuige  for    trespass  on  ground 

insufficiently  fenced       .         .         .     20,  §1 
Indians    to   receive  help  of  town  in 

constructing  ....     7fi,  Jj7 

what  are   sufficient  against  swine       .    145,  if2 
penallv  for  breaking  down       .         .  330,  §2 
FENCE-VIEVVEUS 

selectmen  to  appoint  .         .         .      19,  §fi 

fees  to  be  levied   upon  corn  or  otlicr 

estate 19,  §('1 

FERRY 

between    Charlestown    and    Bostim, 
revenue    continued     to     Harvard 

college 30,  §1 

grants  to  include  sole  right  of  carry- 
ing passengers  ....  50,  §1 
canoes  not  to  be  used  .  .  .  50,  §1 
men  may  pass  in  their  own  boats  .  50,  §1 
fares  at  Weymouth  established  .  ,50,  §1 
at  night  double.  50,  §1 
magistrates  and  deputies   free  .  .      50,  §1 

regulations  against  overloading  and 

of  precedence  in  service       .         .     50,  §2 


FIDELITY 

oath  of,  form  prescribed    .         .         .   Ifi3,  §6 
required  of   inhabitants  and 

strangers  ....  257,  §1 
refusal  of,  to  cause  forfeiture 

of  civil  rights     .     258.  §1 ;  340,  §4 
FIFTH    COMMANDMENT    (see    Par- 
ents, Ciiii.dren). 
order  for  observance  of    .         .         .  235,  §9 
FINES 

for  misdemeanors  (see  under  titles 

of  offences). 
to  be  paid  forthwith  .... 
]iriivisions  for  collection  in  default  of 
payment         ..... 
remission  of  by  court 
secretary  and   clerks  to   account   to 
treasurer 
FIRES  (see  Arson). 

regulations   for  kindling  in  woods  or 

common  fround 
penalty  for  wanton  destruction  by  . 
for  firing  barn,  etc. 

dwelling-house, etc. 
FISH  (see  Casks,  Fishermen). 
assize  of  cask  for  packing 
cullers  of  fish  to  be  appointed  . 
oath  prescrilied  . 
duties  and  powers 
fees     .... 
unmerchantable         .... 
by  reason  of  use  of  Turtoodas 
salt      ..... 
not  to  be  taken  in  spawning-time 

mackerel,  for  salting,   not  be- 
fore July     .... 
whale   or  great  fish  cast  ashore   to 

belong  to  the  country    . 
regulation  of  pickling  sturgeon 
FISHEUMEN  (seeKisii). 

to  use   harbors  and  lands  adjoining 
for  drying  fish       .... 
regubitions  for  taking  firewood 
discrimination  against  foreigners     . 
explanatory  and  repealing  act 
liberty  to  cut  flakes  regulated 
regiilatiim  of  crews 
must  complete  voyage  for  which  tliey 

have  shipped 
exempt  from  military  service  . 

must   attend    training   when 
at  home    . 
FISHING. 

great  ponds  to  be  reserved    for   pub- 
lic usi' 91,  §2 

fjs///:r,  K.vs/a.v 

appointed  searcher  of  coin  in  Dedliam,  118,  §3 


51,  §1 

51,  §1 
51,  §1 

151,  §4 


51,  §1 
51,  §1 

51,  ii2 

52,  §2 

•  IB,  §1 

■  52,  §2 
170,  §34 

■  53,  §2 

•  53,  §2 

53,  §2 

54,  §6 
53,  §4 

53,  §5 

Ifil,  §1 
209,  §4 


52,  ?1 
52,  §1 

52,  §1 

53,  §3 
53,  §3 
53,  §4 

2G6,  §5 
109,  §9 

] 

. 209,  §2 


Index  to  Colonial  Laws. 


lo 


riSK,  DA  VID 

appiiintuil  Kurveyor  of  land       .         .  296,  §9 
FLINT,  JOHN 

appointed  surveyor  of  land       .         .  29G,  §9 
FLINTS 

towns  to  provide  for  soldiers   .  237,  §13 

FOitKKi.NKK     (see    Aruest,    Attach- 
ment, Action). 
debtor's   estate  not  to  be  sold  to        .       C,  §1 
must  give   security  in   action  against 

a  settled  inliabilant        .         .         .       ",  §1 
forbidden  to  trade  with  Indians         .     "o,  §2 
liberty  of  Rpev'ch  and  petition  .         .     90,  §1 
FOKFEITl'liK 

of  raw    bides  delivered  on   ship  for 

export 04,  §1 

of  condemned  leather,  etc.  .  .  90,  §5 
of   pork    bearini;    ear-marks    offered 

for  sale  by  Indians  .  .  .  206,  §1 
of  wool  shipped  for  exportation  .  219,  §2 
of  raccoon  iiirs  and  skins  .         .  220,  §3 

FOKGEUV 

penalty  for 54,  §1 

FORMS 

prescribed  for  oaths,  etc.  .         .   162 

FOKNICATION  (see  Uastard,  Broth- 
el, Whorkuom). 
penalty  for        .....     54,  §1 
disfranchisement  at  discretion  of  the 

court 54,  §2 

provision  for  bastard  child  .  .  55,  §3 
punishment  for  bawdy  conduct  .  20H,  §3 
by  soldier,  i>enalty    .         .         .  230,  §14 

FORTIFICATIONS 

comnnttee  of  militia   an<l   selectmen 

to  keep  in  repairs  .  .  Ill,  §11 

foreign  traders  lo  contribute  i)owder 

or  money  in  sii|iport  of  .         .   140,  §."> 

provisiiin  for  re|iairiit'.  Mt  lioston.etc,  203,  §2 
FOURTH  rOMMANDMENT  (seeLoitu's 
Day). 
penalty  for  denying  morality  of         .     i.9,  §1 
FOWLERS 

unprofitable,    to    be     presented     to 

magistrate 60,  §1 

FREEUO.M  <  IE  THE  COMMONWEALTH 
(see  FiihiC-MKN). 
conditions  of  eligibility  to     .  ."JO,  §2  ;  210,  §.'. 
FREEHOLDERS 

of  orthodox  faithtobe  made  freemen,     56,  §2 
FREEMEN 

must  be  members  of  church      .  38.  §12; 

43,  §2;  55,  §1;  56,  §1 


FREEMEN,  continued. 

repeal  of  church  membership  qualifi- 
cation    .... 
substitute  qualifications 

general  court  to  decide  upon  appli- 
cations ...... 

county  court  to  administer  oath 
form  of 

names  to  be  certified  to  secretary 

copy  of  records  of  names  to  be  fur- 
nished ...... 

to  choose  deputies  to  general  court, 
every  freeman  to  vote 

eligible  to  election  as  deputy 

penalty  for  voting  for  improper  per- 
son as  deputy         .... 

l)enalty  for  refusing  public  service  . 

disfranchised  for   non-attendance  on 
public  worship       .... 

to  elect  assistants  by  corn  and  beans, 
general  officers  by  ballot 

to  nominate   magistrates  . 

to  discharge   general  officers     . 

powers  of,  in  towns  .... 

penalty  for  offensive  conduct  at  town 
meeting         ..... 

to  fix  rates  of  wages  in  towns  . 

to  protect  servant  fleeing  from  cruel 
master  ...... 

consent  of,  required  for  erection  of 
meetinghouse        .... 

of  seaport  towns  to  choose  a  seizer  of 
hides      ...... 

in  county,  to  choose  treasurer 
FREKillT 

to  l)e  satisfied  out  of  goods  in  default 
of  payment  ..... 
FRENCHMEN 

forbidden  to  trade  with  Indians 
FRONTIER  TOWNS 

designated 

to  establish    garrisons;   ti>   maintain 
scouts     ...... 

to  send  aid  to  each  other 
FUGITIVES 

from  justice,  charges  for  apprehend- 
ing          

of  Christian  faith  to  be  succored 
FURS 

customs  regulations  concerning 

trade  in,  with  Indians,  prohibited    . 

of  raccoon  not  to  be  ex|)orted 


56, 
56. 
210, 

§2 

§2; 
§5 

56, 
56, 

1(;3. 

38, 

§2 
§:< 

§7 
S12 

38. 
40, 
40 
40 

\\2 
§1 
§1 
§-' 

41 

§2 
§1 

48 
47 
47 
47 
4M 
147 

§5 
§1 
§2 
§3 
§4 
§1 

147 
104 

§1 

105 

§0 

267 

§9 

205 
150, 

§2 

200 

§2 

75 

§-' 

247, 

§5 

240 

247, 

§5 
§5 

31, 
143, 

§2 
§1 

71 

75, 

220, 

S4 
§■1 

G 


57,  §1 


GALLOPING 

in  streets  of  Boston  forbidden 
GAMING 

shuflleboard,  bowling,  &c.,  forbidden 
in  jiublie  house's     .... 

for  moniy,  in  any  place 

with  cards  or  dice      .... 

penalty  for  having  implements  in 
possession       ..... 

by  soldiers,  with  loss  of  arms 

by  running  horses,  forbidden    . 
GARRISON 

committee  of  militia  to  establish 

order  regulating 

harvested  grain  to  be  placed  under 
protection  of  ...  240,  § 

no  person  of  military  age  lo  leave 
town  without  permission  from  com- 
mander ()f      ....  240.  § 


.  57, 
.  57, 
.  58, 
in 

.  .58, 
231,  § 
.  347, 

.  227, 
232, 


10 


GAUGER  (see  Cask,  TArKERV 

of  casks,  to  be  ap|H>inted  annually    . 
to  mark  casks  of  due  assize 
to  pack  in  no  defective  cask     . 
fees   ....... 

act  explanatory  and  additional 
GENERAL  COURT 

to  consist  of  magistrates  and  deputies 
provision  for  election  of,  35,  §3  ; 

to   be  called    by   governor  when  im- 
portant business  requires       3.3,  §1 
form  of  dei)uty's  oath  prescribed 
magistrates  and  <hputies  to  sit  apart, 

except  in  case  of  difference 
deputies    to    determine    election    of 
their  members         .... 

either  chamber  may  originate  business 

majority  of  both  necessary  to  an  act 

tu  dissolution  or  adjournment. 


ii;, 

§1 

ii;. 

§1 

10, 

§1 

10, 

<)i 

2S3, 

§■■' 

34. 

§1 

282, 

§a 

;  35 

§5 

84 

§1 

34, 

§2 

35, 

§^' 

40, 

52 

,35, 

«2 

35 

S2 

85 

§5 

16 


Index  to   Colonial  Lawn. 


35 

§3 

:«! 

<><! 

34, 

(»1 

1 

§1 

38, 

?u 

IT)!', 

<il 

35, 

St 

9, 

SI 

18, 

§1 

GENERAL   COURT,  continued. 

governor  to  liavf  castini;  vote  .         .    35,  §6 

members  not  to  depart  without  jier- 
niissiui) 
misconduet  of    . 

powers  and  duties,  act  concernincr    . 

to  juds"  cases  l)y  the  word  of  (Jod, 

to   resolve   cases   presented  from  in- 
ferior courts  .  .  .  3,  §1  ; 

final  appeal  to  . 

to  ])ardcin  eoudenined  malefactor 

to  urant  henevolencps 

to  appoint  hrand  marks  for  toivns 

to  set  price  for  corn  receivable   for 

taxes 24,  §3 

to  send  persons  abroad  on  public  busi- 
ness         

allowances  of,  fixed   .... 

to  appoint  magistrates  to  hold  county 
court      ...... 

to  try   cases  of  voting  for  improper 
persons  as  de|iuties 

to  determine  applications  to  be  made 
freemen 

to  grant  title  to  lands 

to  appoint  master  of  the  mint 

to  order  disposition  of  any  wliale  cast 
ashore  ..... 

to  license  erection  of  meeting-h(mses, 

to  ap|)rove  ]ireachers  and  elders 

petitions  to,  when  receivable    . 

copy    of   special   orders   to  be  espe- 
cially delivered       ....  131,  §5 

publication  of  orders,  printed  or  writ- 
ten  132,  §5 

at  close  of  each  session   .  210,  §7 

secretary  of,  to  keep  book  of  account 

of  fines  .....  151,  §4 

GENEUAL OFFICERS  (seeELECTioNs). 

definition  of      .  .  .  .  .        "     " 

choice  and  discharge  of     . 

election  bv  ballot   '  47,  Jjl' ;   274,  f^l  ; 
GERRISH,  iiENJAMLV 

appointed  naval  officer  at  Salcm,        i 

GIFTS   (see    Bk.nevolence,  Legacies, 
Grants'). 
by  authority  of  general  court    .         .      9,  §1 


35 

§+ 

1'13 

*)■-' 

3G 

S' 

41 

§2 

'5fi 

S2 

74 

§1 

117, 

SI 

Ifil, 

§1 

2(i7, 

S'J 

44, 

(il3 

121, 

SI 

4ft 

48 

282 

S^ 
§3 

:>o. 

s;5; 

313 

S'i 

GIFTS,  continued. 

by  citizens  for  educational  purposes 
county  courts  to  appoint  trustees 
to    Harvard    College,    disposal     and 
managciuent  of     . 
GLOUCESTER 

shipping  officer  appointed 
number  of  licenses  to  be  granted     . 
GOATS 

double  damage  for  trespass  by 
rateil  for  tnxation       .         .         .         . 
GOFFE,   ClIKI^roniER 

proclaimed  pirate      .         .         .         . 
GOVERNOR 

elected  by  ballot,       47,  Ji2;   274,  §1; 
oath  prescribed  .         .         .         . 

to  be  member  of  board  of  overseers 

of  Harvard   College 
to  hidd  special  court  for  strangers  . 
power,  with  deputy,  to  reprieve  con- 
demned malefa<'tor 
to  call    general   court  upon    urgent 
occasion  .         .         .         .         . 

to  have  casting  vote   in  court   of  as- 
sistants and  general  court 
to  censure  magistrate  using  unseemly 

language  in  court 
to  call  ccmrt  of  assistants  for  trial  of 
capital  eases  .         .         .         . 

to  appoint  a  private  mark   for  coin- 
age every  three  months 
to  appoint  surveyors   of    vessels  in 
construction  .         .         .         .         . 
GRANTS 

of  benevolence  by  general  court  not 
to  be  made    except  when  there   is 
a  surplus  in  the  treasury  above  in- 
debtedness    .         .         .         .         . 
of  land  by  towns  arc  in  fee  simple  . 
confirmation  of 
to  be  surveyed 

committee  appointed  to  examine. 
GUARDIAN 

age  to  make  choice  of        . 
to  plead  for  ward       ,  .  .  . 

to  liring  suit       .  .  .  .  . 

full  power  DVi'r  estate  of  ward,  ; 

to  give  bonds  to  court       .         .  i 


9,  §1 
9,  SI 

29,  SI 

1.30,  !53 
351,  §2 

18.  §4 
23,  §3 

355,  §1 

282,  §3 
164,  §8 

29,  §1 
37,  S8 

35,  §4 

35,  §5 

35,  §6 

3G,  §G 

3G,  §7 

117,  §1 

138,  §1 


9 
353, 
.354, 

§1 

SI 

S2 

2!1G 
290 

§9 

Sfi 

1 
2 

s' 

211, 

SI 

SI 

SI 

<11 

212, 

S'l 

HAIR 

Iienaltv  for  wearing  long  .         .         .  233,  §2 
HAMI'SHIKK 

tinu'    and    place    of  holding   county 

court 37,  §7 

date  of  regimental  meetings     .  1  Hi,  §22 

compensation  of  major,  IIG,  §22 

committee  appointed  to  examine  war 

rates 248a 

special  committee   appointed   to   ex- 
amine lands  for  taxation        .         .   29Gb 
IIAMI'TON 

coutity  court  for  Norfolk  to  be  held 

'" •"•'.  S" 

IIARIiOR  (see  Vessels). 

no  liallavt  to  be  cast  into  .  .       9,  §1 

dues  collectable  from  strange  sliips  .  G9,  §3 
foreign  traders  to  have  free  access  .  139,  §2 
]iort  charges  .  .  140,  §5 
regulation  of  anchorage  at  Roston  .  157,  §2 
penalty  for  casting  dirt  into  cove       .  157,  §3 

HAliVARD    (X)I,LEGE  (sec  Coi.i.ege). 

act  concerning   management  of  .     29,  §1 


HARVARD   COLLEGE,  continued. 

president,  etc.,  exempted  from  keep- 
ing anus         .         .         .         .         . 
from  military  service, 
HAVERHILL 

designated  as  frontier  town 
enlistment  of  troopers  in  . 
//.-l  AY, /■;>',    .WSEl'/f 

appointed  surveyor  of  land 

//.I  II  rrroRXE,    wiij.ia.m 

appointed   receiver   of    fortifications 
dues  at  Salem  and  Marblehead 
II A  V 

when  taken  in  distress,  security  to  be 

Riven 

HEIRS  (see  Wills,  Inheuitance). 

of     intestate,     division      of     estate 
among    ...... 

HERDSMEN 

cxemiit  from  military  service     . 
HEREDITAMENTS        (sec        Houses. 
I/ANns,   Deeds,  Moktgages,    l.s- 
iieritance). 


109,  §7 
109,  §9 

247,  §5 
313,  §» 

29G,  S9 


140, 

§5 

41. 

SI 

158 

S3 

109 

§9 

Index  to   Colonial  Laics. 


17 


r,n, 

59, 
50, 

59, 

60, 

60, 

CI,' 
136,1 


■1, 
205, 

89, 
L'05, 


HERESY      (see    Church,    Doctrines, 

Metkrodox,  Quakers). 

definition  of 

punislu'il  by  banishment    . 
Anabaptist!)        ..... 
penally  for  denial  of  Scriptures  to  be 

word  of  God  ..... 
book<   of  Kucves  and  Mugglcton  to 

be  burned       ..... 
Quakers,  etc.,  forbidden  entrance  to 

the  colony      ..... 
HETEKODO.W    (see    Church,     ])oc- 

THINI.,     IIkRESY). 

publishers  of,  to  be  censured     . 
teachers  unsound  in  the  faith  not  to 
lie  employed  ..... 
HIDES  (see  Cuhi!Ier.s,  Leather,  Tan- 
ners). 
export  duties  on  ...  . 

raw,  not  to  be  exported      .       04,  §1  ; 
tanners  only  may  buy 

repealed 
penalty  for  neglect  to  properly 
dress       ..... 
HIGHW.WS 

in  country,  to  be  laid  out  with  advice 
of  adjoiniuLt  towns 
not    to    be  laid    through 

orchards,  etc. 
widtli    of,      in    common 

grounds,  etc. 
repair  of  bridges  upon     . 
towns  to  satisfy  damages 
to  private  property 
In  towns,  to  be  laid  out  by  selectmen, 
responsibility  for  injury  by 
defect  in         .  .         . 

damages  to  be  satisfied 
Workmen  may  be  impressed 

to  repair 
no   person  to    be    charged 
with    repair  of,    through 
his  own  ground 
removal  of   gates  or  rails 

erected  upon  .         .     G-'i, 

raeinghorses  on, forbidden,  347, 
surveyors  of,  elected  ann'lly  by  towns,  147, 
penalty  for  refusing  to 
serve  .         .         .55, 

niOnW.AY  KOBBEUY  (see  Roduerv). 
)11.N(;1I.\.M 

nnmbcr  of  licenses  to  be  granted      .  351, 
IIOfiSIlKAl)  (see  Cask). 

UiiL'lh  and  quality  of  staves  prescribed,  17, 
HOLIDAYS 

observance    of  Fast.    Thanksgiving, 

etc.,  enjoineil       .         .     4.'?, 

of  Christmas    forbidden    57, 

repealed  .  291, 


G4,  §2 


G4, 

§1 

64, 

§1 

64. 
12, 

§1 
§1 

64, 
64, 

12, 

05, 

§2 

S2 

•12,  §3 


65,  §3 


§1 


HORSES 

penalty  for  use  without  leave  of  owner,     19.  §5 
rate  of  assessment  for  taxation  .  23,  §3 ; 

253,  §U 
penalty  for  galloping   in    streets    of 

Boston 67.  §1 

of  strangers,  to  be  provided  for  by 

inn-keepers 82,  §10 

for   transportation     by    ship,    to    be 

registered  by  clerk  of  writs   .  .     65,  §1 

not  to  be  sold  to  Indians    .  .  .     G5,  §1 

stallions  not  to  run  on  common  unless 

approved  by  selectmen  .  .         .     66,  §2 

not   to    be  taken   up  as  astray  from 

April  to  December         .  .  .  142,  §1 

all    sales    to     be    recorded    in    toll 

book 147,  §1 

penalty  for  going  unfettered      .  .  209,  §3 

rate  of  biro  for  country's  use  fixeil    246,  §4 ; 

254,  §12 
racing   for  money  forbidden  within 

limits     ...  .         .  347,  §1 

tax  \ipon,  when  brought  from  other 

colonies  .         .         .  283,  §4 

repealed    ....  287,  §2 
HOUSEHOLDERS 

riualifications  as  freemen  .         .         .    5G,  §2 
HOUSE  (see  Estate). 

firing  of,  cajiital  crime       .         .         .    52,  §2 
tindisputed  occupancy  for  five  years 

to  confer  title  ....  124,  §1 

to  be  alloted  to  no  stranger  without 

license 143,  §1 

HOUSE   OF   CORRECTION 

each  county  to  jirovide      .         .  .  127,  §2 

county  court  to  appoint  a  master       .  127,  §3 
regimen  and  discipline  of .  .  .  127,  §3 

commitments,  by  one  magistrate  .  127,  §3 
of  bawdy  persons  .  208,  §3 
of  persons   found  at  a 

Quakers"  meeting    .  234,  §4 
of    incorrigible     chil- 
dren  disturbing 
meeting  .         .         .  234,  §6 
of  idle  persons   .  236,  §10 

for  neglect  to  take  oath 

of  allegiance  .         .  263,  §2 
of    Indians    found   off 

their  reservations     .  289,  §1 
HUE    AND    CRY 

constable  to  put  forth  and  pursue  in 

absence  of  magistrate     .    31,  §2 
penalty  of  neglect  in  capi- 
tal cases         .         .         .    31,  §2 

charges  of 31,  §2 

HUSBAND    (see  Marriage). 

penaltv  for  striking  wife    .  .         .  101,  §1 

IIUTCIIlkSON.   CAI'T.   ELISIIA 

appointed  surveyor  of  land        .         .  296,  §9 


IDIOTS 

allowance  in  trials  at  law.         .  .  152,  §4 

IDLKNE.SS  (see  House  of  ('oiire<tion). 

includes  negleeters  of  their  tamilies,     6G,  §1 
punishment  of  .  .  G6,  §1;  236,  §10 

eonstiibles  to  take  notice  of       .  .    6fi,'§l 

tilhing-tnen  to  report  .         .         .  294,  S4 

IDOLATRY 

li\ini<hcd  bv  death     .  .         .     14,  §1 

IMMORTALltV      OF       SOUL       (see 
IIkuesv). 
penalty  for  denying  .         .         .         .    59,  §1 


IMPORTS  (see  Customs). 

iMrosr 

upon  wines  and  liquors     . 

repealed  .         .  .  . 

continuance  of       .     312,  §1 ; 
upon  sales  in  i>ublic  houses  .  69,  §1 ; 
IMPRESSMKNT 

warrant  for,  by  whom  issued    . 

must  be  grounded  upon 
some  act  of  general 
court         .  .         .         . 

of  laborers  on  public  works 


68,  §1 
304,  §1 
329,  §1 
82,  §il 

73,  §1 


73,  §2 
73,  §1 


18 


Index  to   Colonial  Laws. 


IMPRESSMENT,  continued. 

of  laborers,  not   to  be  compelled    to 
work  from     home  above 
one  week         .         .         .73,  §1 
to  have   reasonable  wages 

anil  allowance      .  .     73,  §2 

o.temiition*       .  .  .     73,  4)'J 

of  soliiiers,  in  ilefen.sive  wars  only  .  73,  §2 ; 

111,  §11 
of  cattle  or  goods,  payment   for  use 

and  com])ensation  for  loss     .         .     73,  §2 
of  carts,  etc.,   for  execution  of  laws 

a.uainst  Quakers     ....  03,  §10 
of  men  and   boats  for  pursuit  of  run- 
away servants         ....  104,  §3 
of  troopers  to  serve  as  foot  soldiers  .  2".'0,  §2 
repealed     .         .  242,  §2 
of    men    to    harvest   corn   of  absent 

soldiers  .  .  .  23S.  §18;  24."),  §1 

of  workmen  for  powder-mill  at  i)or- 

chesler 237,  §1.5 

IMPRISONMENT  (see  Arkest,  Bail, 
Deut,  House  op  Correction). 
for  failure  to  pay  taxes     .         .         .     24,  §3 
for  refusal   to  acknowledge  deed  or 

mortgage 33,  §4 

for  non-payment  of  fine    .         .         .    51,  §1 
no  man's  person  to  be  restrained  be- 
fore sentence,  if  he  can  furnish  bail,     74,  §1 
except    capital    cases   and   con- 
tempt of  court         .         .         .     74,  §1 
of  debtor  for  failure   to  pav  in   kind 

specified         .         .         .  "       .         ■  121,  §1 
INCOME 

from  trades,  tax  upon        .         .         .    23,  §3 
INDIANS 

lands,  title  to  improved     .         .         .74,  §1 
when   civilized,    to   have    allotment 

of  township  .....     74,  §1 

rights  in  court  against  any  dispossess- 
ing them         .....    74,  §1 

no  person   to  buy  or  obtain  grant  of 

Indians  without  license  .  74,  §2 

except  discoverers  of  mines        .  117,  §1 
planted  ground  to  be  protected  .     7(),  §7 

towns  to  give  help  in  fencing    .  .     7(),  §7 

trade    with,    prohibited,    in    ammu- 
nition, 7.-.,  §2;  237,  §14;  247,  §8;   285,  §1 
in  horses  .....    65,  §1 

in  armor  or  weapons        .         .     75,  §2 
all  foreigners  forbidden  .     75,  §3 

in  furs      .....    75,  §4 

in  liquors         ....     75,  §5 

cxcejit  in  case  of  sickness    .     70,  §5 
boats,  skiffs,  etc.      .         .         .75,  §0 

trading-houses  to  be  abolished  .         .  70,  §5 ; 

237,  §14 
treasurer  may  issue  licenses       .         .  78,  §12 
laws  to  be  made  known  to  them  once 

a  year   .         .         .         .         .         .     77,  §8 

commissioners    to    be    appointeil    to 

hold  court      .         .         .         .         .77,  §'.) 

pow-wows  forbidden  .         .         .  77,  §10 

liquors  to  be  seized  ....  77,  §11 

drunkenness    j)unished  by  whipping,  78,  §11 
bounty  for  wolves  killed   .  .  .  100,  §2 

forbidden  to  ])laceear-n)ark  on  swine,  200,  §1 
forfeit  of  marked  pork    offered   for 

sale  by 200,  §1 

order  restricting  movement  of,  dur 

ing  hostilities  ....  223,  §1 

residences  of,  fixed  and  named  .  223,  §1 

lawful  to  kill  .any  found  skulking,      223,  §3; 

2 1 3,"  §5 
repealed 252,  §7 


INDI.VNS,  continued. 

forbidden  entertainment  in  Boston  .  225,  §1 
placed   on   islands,  not  to   go  off  on 

pain  of  death  .  .  .  238,  §17 

bounty  if    taken    prisoner    south    of 

Pascataqua  river  ....  243,  §5 
to  be  em])lciyed  as  scouts  .  .  .  240,  §5 
settlement  and  education  of  .  .  251,  §7 
forbiilden  to  carry  guns  without  cer- 
tificate .  "  "  .  .  .  .  252,  §8 
allowance  of  ammunition  .  .  285,  §1 
to    remain  on  the  lands  reserved   to 

them 289,  §1 

lately  hostile,   not   to   be   bought  or 

kept        ......  345,  §1 

INDI.VN  WAR  (see  Indians,  War) 

friendly    Iiulians    restrained   during 

hostilities      .         .         .  223,  §1 ;  237,  §14  ; 

238,  §17;  247,  §8;  251,  7;  252".  §8 

regulations  for  town  of  Boston  .  225,  §1 

orders  for  armament        .    226,  §2;  227,  §3; 

232,  §2;  237,  §13 

towns  to  be  garrisoned     .    227,  §4  ;  232,  §1 ; 

242,  §4;  248,  §10 

general  ordinances  of  camp      .         .  229 

relief  for  distressed  iidiabitants,         238,  §16 

disbursements  for.   24(1,  §23  ;  248a;  253,  §12 

wounded  soldiers'  petitions        .         .  247,  §7 

INDICTMENTS 

to  be  made  within  one  year       .         .    79,  §1 
except  in  capital  eases,  etc.,     79,  §1 
penalty  of  neglect  to  appear  and  an- 
swer      ......     88,  §0 

INFOR.VIATION 

any  person,   without  regard   to  age, 

may  inform  in  criminal  teases         .       2,  §1 
informer  of  defective  casks,  reward 

of 10,  §1 

of  unmarked  beef  and  pork,    17,  §2 
of  entertainment  of  youth 

in  tavern,  etc.  .         .    27,  §3 

of  taking  fish  out  of  season,  53,  §4 
mackerel  .  .  53,  §5 
of  gaming  for  money,  57,  §1 ;  58,  §2 
of  possession  of  blasphe- 
mous books  .  .  .  CO,  §3 
of  shipping   horses   without 

license  .  .  05,  §1;  71,  §8 
of    evasion      of      customs 

charges    .         .  .    71,  §9 

of  trading  with  Indians       .  75,  §4  ; 

237,  §14 

of  selling  adulterated  beer,    80,  §2 

of  failure    to    account    for 

wine  purchaseil  .  .  82,  §11 
of  lying  .  .  .  .  92,'§1 
of    shipping    undischarged 

seamen  ....  95,  §7 
of  selling  uncleanscd  malt,  100,  §1 
of  exporting  coin  .  .  118,  §2 
of  tobacco-takers         .  .  146,  §1 

of  ex]iortation    of     sheep's 

wool  .  .  .  .219,  §1 
of  exportation    of   raccoon 

furs  ....  220,  §3 

of  attendance    at   (Quakers' 

meeting  ....  234,  §4 

of  s.ale  of  liquor  at  trainings,  2(i5,  §1 

of  neglect  to  ring  swine      .  295,  §7 

of  treason,  oath  to  disclose        .         .  202,  §1 

INHERITANCE  (see  Wii.i.s.  Legacies). 

eldest  son  to  have  double   portion  of 

intestate  estate       ....  158,  §3 
daughters     to     sh.-.re      as     co-part- 
ners       .         .  ....  158,  §3 


Index  to   Colonial  Laics. 


19 


INHERITANCE,   continued. 

free  from  fines,  etc. 
undisturl)e(l  possession  for  five  years 
to  confer  title         .... 
INNKEEPEKS 

licenses  of         .         .         .       70,  §1 ; 
renewable  yearly 
by  county  court  . 
limited  to  persons  of  sobri- 
ety, etc.    .... 
forfeited  for  third  offence   . 
for  wanton  and  rude 
sini.'ing 
prosecution  of  unlicensed  . 
to  exliibit  ."ijin    ..... 
lo  be  always  provided  with  strong  beer, 
penalty  for  selling  inferior  . 
price  of,  fixed 
sales  of  wines  and  liquors,  tax  upon, 

sworn  report  to  be  made 

to  prevent  excessive  drinking  . 

penalty  increased 

to  secure  arrest  ot\lrunkards    . 

to  entertain  travellers  for  a  night 

penalty  for  entertaining  others, 

to  provide  stalilin;;  for  horses  . 
^      to  close  their  houses  in  meeting  time, 

evidence  to  convictof  violation  of  law, 

constables  to  make  search  for  offend- 
ers ...... 

tithing-mcn  to  inspect  houses  . 

not  to  entertain  persons  forbidden  by 
selectmen       ..... 

not  to  entertain  children,  etc.  . 

to  forbid  offensive  use  of  tobacco     .  '. 

penalty   for  permitting    games   and 
dancing 


88 

.  §1 

124 

.  §1 

84. 

«16 

8;{, 

§15 

84, 

§16 

23.5 

■  §8 

82 

.§9 

84 

,17 

317 

.  «2 

7i» 

■  §1 

80 

,  i):i 

80 

,§2 

251 

.§5 

f.l), 

§4; 

82, 

(jil 

09, 

§^; 

82, 

§11 

80 

l»3 

305 

.  §* 

80 

.§3 

81 

.SS 

235 

.  §» 

82, 

(jlO 

83, 

(512 

83, 

§13 

83, 

?I4 

259 

§3 

85, 

§19 

27 

§3 

14G 

§1 

57 

.§1 

INNKEEPERS,    continued. 

delils  of  sailors  not  recoverable         .  134,  §1 
in  ordinary,  cannot  recover  debt  for 

liquor  retailed        .         .         .  .  271,  §6 

number  of,  in  specified  towns    .  .  351,  §2 

number  in  Boston  increased     .  .  320,  §3 

charges   allowed    for    messenger    on 

public  service         .         .  .  .  213,  §2 

INQUEST 
'     in  case  of  sudden  or  unnatural  death,    39,  §1 
oath  of  jurors   ....  167,  §23 

INSANE 

to  be  cared  for  at  charge  of  towns 
selectmen  to  manage  estates  of 

INSOLVENCV  (see  Debt). 
of  deceaseil  intestate 

INSPECTOKS  OF  WOOL 

to  be  appointed  in  seaport  towns 

to   execute   order  forbidding  export 


248,  §9 
248,  §9 

250,  §4 

219,  §2 

220,  §3 


of  raccoon  fur 

INSURRECTION  (.see  Rebellion). 

IXTEliEST 

rate  of  eight  per  cent,  established    . 
bills  of  cicliangc  excepted 

INTESTATE  (see  Wills,  Exiccijtor). 

administration  granted  to  next  of  kin,  1.58,  §2 
division  among  heirs         .  .  .  158,  §3 

insolvent,  settlement  of    .         .  .  250,  §t 

INVASION  (see  Rebellion). 

INVOICE 

penal  I  v  for  falsifying  or  concealing,     71,  §7 

IPSWICH" 

jurors  from,  not  to  be  summoned  to 

Salem 36,  §7 

county  court  for  Essex  to  be  held  in,    37,  §7 
committee  of  militia  in      .  .  110,  §11 

number  of  licenses  to  be  granted       .  351,  §2 

ISLE  i)V  SHOALS 

shipping  ollicer  appointed  .         .  139,  §3 


153,  §1 
153,  §1 


67 

«l 

67 

§1 

G7 

§1 

24, 

§3 

86, 

§1 

86, 

§1 

JESUIT 

forbidden  to  enter  colony  .         .     67,  §1 

on  public  service,  etc.,  ex- 
empted 
suspected,  to  be  banished 

death  jienallv  for  return 
.lOINERS 

to  be  taxed  on  income 
JUDGES 

to  determine  matters  of  equity 
to  instruct  jury  in  law 
JUDGMENT 

when  entered  against  defendant  who 

is  out  of  jurisdiction       .  .         .       7,  §1 

plaintiff  to  give  security  for  reversal 

of 

not  affected  by  circumstantial  errors, 
in  cases  of  title  of  house  or  land 
warrant  for,  to  be  signed  by  clerk  of 
court      ...... 

Bale  or  assignment  of,  void 
in  case  of  death,  administrator  may 
renew     .  ..... 

dissent  of  minority  of  court  may  be 
recorded         ..... 

every  jinlgniont  to  be  recorded 
JURISDICTION  (see  Actions,  CoCRTS, 

Mauistratks). 
JURORS  (sceJiiKV,  Vhrdict). 

petit,  chosen  by  freemen  of  towns     . 
eligibility  to  choice  as 

property  qualification 

repealed         .  .  352.  §i! 


7 

11 

§1 
§•-' 
§2 

30, 
85, 

§1 
§1 

85, 

§1 

128, 
129, 

§1 
§1 

sr,, 

148, 

§1 
§■* 

JURORS,   continued. 

petit,  penalty  of  refusal  to  serve 
oath  prescribed 
to  determine  facts  and  costs 
liberty  to  take  advice  in  open 

court     .... 
to  serve  but  one  year 
allowance  per  dicni 
at  court  of  assistants,  whence 

chosen  .... 
at  special  courts 
challenge  of     . 
county  court  to  summon  . 
Salem  and  Ipswich  excepted 
grand,    sunnnoned    yearly    in    same 
manner  as  petit  jurors 
oath  prescribed 
allowance  per  diem 
not    required    to    reveal    con- 
scientious secrets 
to  serve  two  years  at  least 
penalty  for  neglect  of  person 
indicted      to     appear      and 
answer  .... 
to  present  heterodox  preachers,  46,  §18 
to  present  wearers  of  periwigs,  233,  §2 
penalty  for  neglect  to  prevent 

excess  in  apparel  .         .         .  233,  §3 
to   receive   complaints   of   ex- 
cessive   prices    set    by    mer- 
chants   .  .         .      '  .         23G,  §11 
JURY  (sec  JiRoRs,  Verdict), 

right  of  trial  by,  affirmed  .         .  152,  §3 


.  55 

§1 

167, 

§20 

.  86 

§1 

.  87, 

§5 

.  87, 

§5 

.  86, 

§1 

86, 

§1 

.  86, 

§1 

152, 

§3 

36, 

§7 

36, 

§7 

8G, 

§2 

1G7, 

{19 

iilj, 

§2 

86, 

§2 

87. 

§5 

88,  §6 


20 


Index  to   Colonial  Laws. 


JURY,   continued. 

JURY,    continued. 

allowed  in  will  cases          .     331,  §2;  334,  §3 

court   and   jury   disagreeing. 

not  to  hear  causes  under  40  shillings,   20,  §1 

case  to  go  to  next  court  of 

to  judge  of  matter  of  fact  and  costs,    8G,  §1 

assistants    .         .         .         . 

87 

§1 

bench  to  determine  equity         .         .    86,  §1 

action  of  attaint  for  erroneous  verdict. 

201 

§1 

special  jury  to  be  summoned  in  cases 

brought  before  jury  of  24  men 

involving  death  or  banishment       .     Sfi,  §1 

in  court  of  assistants     . 

201 

§1 

oath  prescribed,          107,  §21 

penalty  on  conviction 

202, 

§1 

of  inquest  in  case  of  sudden  death    .    31),  (jl 

rules  for  prosecution  of. 

319, 

§1 

oath  prescribed         .           107,  §23 

members    of     attainted    jury 

verdict  in  case  of  obscurity  in  the  law,    87,  §3 

may  sue  for  slander    . 

320, 

§1 

in  matters  of  fact  where   the 

JUSTIFICATION  (see  Hkhksy). 

main  issue  cannot  be  found,    87,  §3 

penalty  for  denying  doctrine  of 

59, 

§1 

KENNEBECK 

created  countv  of  Devonshire  .  .  218,  §3 

KERL }-,     WILLIAM 

appointed  searcher  of  coin    in  Marl- 
boro'         118,  §3 

KIDNAPPING  (see  Man-Stealing). 


KING 

all  writs,  etc.,  to  be  issued  in  name 

of 101,  §1 

oath  of  allegiance  to  .         .  201,  §1 

to  lie  taken  by  all  above  sixteen 
years  ....  262,  §3 


LAND    (see  Deeds,    Estate,    Grants, 
Indians,  Mines,  Taxes). 
age  for  passing,  etc. 
penalty  for  refusal  to  survey  boun- 
daries    ...... 

common,  to  be  fenced,  etc. 
improvement  of 
assessment  of   . 
peculiar,  definition  of 
frailulent  conveyance  of,  invalid, 
undisputed  occupancy  for  5  years  to 
confer  title  .         .         124,  §1; 

title  of  Indians  to       .         .         .         . 

no  person  to  buy  of  Indians 
authority  of  general  court  to  grant 

to  English  persons 
towns  to  have  power  to  dispose  of     . 
grants  of,  to  be  surveyed, 
special  committee  appointed  to   ex- 
amine ..... 

free  from  fines   upon  alienation,  etc., 
discoverer  of   mines  may  take   a  fit 
proportion 
may  purchase  interest 
of  Indians 
LATIN   SCHOOL 

scholars  not  to  frequent  public  houses 
LEATHER  (see   Currier,  Hides,  Tan- 
ner). 
who  may  tan     ..... 

tanners  only  to  buy  raw  hides  . 

repealed        .... 

regulation  of  tanning 
currying 
penalty  for  neglect  to  projicrly  dress, 
searchers  and   sealers,  ajipointed  by 
towns     . 
oath  prcs('ribed 
duties  anrl  powers 
to  examine   work    of   taU' 
ners         .         .         .         , 
to  seize  defective  leather 
boots  and  slioes 
penalty  for  neglect     . 
fees    .... 

disposition  of  fines  and  for- 
fcilnres  .... 

tinwrought,   must    be    sealed    before 
sent  to  currier       .         .         .  : 


1,  §1 
.     10,  §2 

•  i:,  §1 

.     19,  §7 
23,  §2,  3 

•  -H,  §1 
.    32,  §3 

200, §5 
74,  §1 
74,  §2 

74,  §1 
147,  §1 
296,  §9 

296b 

88,  §1 

no,  §1 

117,  §1 
,  27,  §3 


88, 
89, 
205, 
89, 
89,  §3 
64,  §2 


51 
§1 
§1 
§2 


89 

§4 

108, 

§28 

89 

§4 

89 

§2 

90 

§2 

90 

§-i 

90 

§3 

90 

§4 

90, 

¥> 

-'12, 

jl3 

LEG.\CIES    (see  AVills,  Administra- 
tors). 
to  colleges,  etc.,  to  be  disposed  of  ac- 
cording to  intent  of  donors    .         .      9,  §1 
county    court  may   appoint  trustees 

and  require  accounting  .         .      9,  §1 

L  E  VER  E  T,    M.i  JOR-G  EX  ERA  L 

appointed   receiver    of   fortifications 

dues  at  Boston  and  Charlestown    .  140,  §5 
LIBERTY  (see  Civil  Privileges). 

to  dispose  of  estate  by  will  or  other- 
wise       .         .         .         .         .         .      1,  §1 

of  speech  and  petition  in  court,  coun- 
cil or  town  meeting 
of  fishing  and  sporting,     . 
of  remov.al  from  colony     . 
LICENSE  (see  Innkeepers). 
of  fishermen  to  t.ake  wood 
for  exportation  of  powder 
for  sale  of  beer  and  wine 
of  cider,  etc. 

of  liquors,  selectmen  to  ap- 
prove 
number  of,  in  specified  towns 
of  innkeepers,  forfeited  for  third  of- 
fence 
to  be  renewed  yearly, 
of  public  houses,  limited  . 
unlicensed  houses  to  be  searched  out,  235,  §8 
LIQUOR  (see  Cask.  Customs,  Imposts, 
Innkeepers,  License). 
assize  of  casks  .         .         .         .10,  §1 

regulations  of  entry  ....  329,  §1 

import  duty  upon       ....    (i7,  §1 

doubled  .         .         .  2:.;),  §10 

tax  upon  sales  of       .         .       69,  §1 ;  83,  §11 

increased    .         .         .  208,  §11 

repealed      ....  304,  §1 

continued   ....  312,  §1 

dealers  to   account  to    marshal-gen- 
eral for  every  case  and  bottle,  83,  §11 
penalty  for  unlicensed  traffic     .          .  84,  §16 
in  cases,  may  be  imported   and    sold 

without  license       ....  84,  §16 

license  for  retail  sale  .         .         .     79,  §1 

regulation  of  wholesale  trade  .     79,  §1 

penalty  t'orselling  orgiving  to  Indians,    75,  §5 

in    default    of     fine,     to    be 

whipped      .  .  .  212.  §15 


.    90, 

SI 

.     90 

§2 

.     91 

§3 

.    52 

§1 

.  120 

§2 

.    31 

§2 

.    69, 

§1 

.  351, 

§1 

351, 

§2 

.    82, 

§9 

83, 

^15 

.  235, 

§8 

Index  to  Colonial  Lavs. 


21 


LIQUOR,   continued. 

reKulatioii  of  u»c  on  fishing  vessels  .    53,  §4 
drinliinf;  healllis  forbidden  on  vessels 

in  port HO,  §4 

not  to     be   given    to    workmen    or 

boys 202,  §1 

sale  of,  at  trainings,  forbidden  .  2G5,  §1 

LORD'S   DAY 

in  daylight,  profanation  of,  by  chil- 
dren      .         .  132,  §1 
by  persons  above 
fourteen  years 
old  .         .  133,  §1 

at  night,  drinking  in  public  houses 

forbidden         .  .  .  133,  §2 

sporting  in  streets  or  fields,  V.VA,  §2 

on  Saturday  night,  133,  §2 

fines  to  go  to  county  .         .         .  133,  §3 

servile  work  forbidden       .         .         .  134,  §4 

except  work  of  piety,  charity, 

or  necessity       .         .         .  134,  §4 
travel,    except    to   lawful   meetings, 

forbidden        .....  134,  §4 
penalty  for  absence  from  meeting    .  45,  §15 
for    denial    of    morality    of 

fourtli  commanilment  .  59,  §1 
meeting  of  Quakers  forbidden  .  .  HI,  §5 
Indians  nut  to  profane        •         ■         .  77,  §10 


LORD'S  DAY,   continued. 

penalty    for  kindling    fires    in    open 

ground  .....     51,  §1 

penalty  for  firing  guns  on  shipboard,  140,  §4 
innkeeper    liable     for    offence     by 

guests  210,  §G 

no  carts,  etc.,  to  pass  out  of  Boston 

after  sun-down  on  Saturday  .  .  2G9,  §1 

laws  concerning  profanation  of,  to  be 

publicly  reail  twice  a  year      .  249,  §1 
by  constable  or  town  clerk    .     272,  §10 
tithing-nien  to  enforce 
ofTenders  to  be  placed  in  a  cage  until 

trial        

LOST  (iUODS 

finder  to  notify  constable 

record  it  in  county  court    . 
to  be  publicly  cried 
owner  may  claim  within  one  year     . 
disposition  ot,  if  unclaimed 
LYING 

by   person    over   14    years  of    age, 
])cnally 
under  age  of  discretion  . 
repeated  offences,  penalty, 
LYNN 

market  day  established      .         .  .49,  §1 

number  of  licenses  to  be  granted       .  351,  §2 


L'49, 

§1 

250, 

§2 

142, 

§1 

142 

§1 

142, 

iil 

142 

§1 

1-12, 

§^ 

91 

«l 

92 

SI 

92 

§1 

M 


MACKEREL  (see  Fish). 

for  salting,  not  to  be  taken   before 

.lulv 53, 

MAGISTijATES   (see  Action,  Court, 
Gkni;iiai.  Court). 
nominated  annually  by  freemen 
election  of  ..... 

members  of    board  of  overseers    of 

Unrv.'ird  College     . 
actions  triable  before 
to  ailministcr  oMth  to  poor  debtors    . 
to  have  discretion  as   to  apparel   of 

themselves  and  families 
to    issue  warrants   to  impress  work- 
men for  public  works     . 
one   may   determine  cases    of  small 
theft          .... 
causes  not   exceeding  forty 
shillings  .... 
to  issue  summons  or  attachment 
not  to  hear  causes  in  which  he  is  con- 
cerned   .         .         .                   21,  §2; 
appeal  from  to  county  court 
exemption  from  tax  .... 
from  ferri.Tgc  tolls    . 
from  keeping  arms  . 
from  military  service 
from  constable's  watch 
oath  of,  binding  only  while  an  inhab- 
itant        119, 

to  administer  oath  of  fidelity    .         .  120, 
to  administer  oath  of  allegiance  .  2G3, 

to   punish    disobedient  children    and 

servants           .....     27, 
to  hear  case  of  absence  from  meet- 
ing   

to  enforce  fishing  laws 
to  dispose  of  cards  or  dice  .  .     5S, 

may  adjourn  court  to  some  more  con- 
venient time  .         .         .  .     39, 

to  take  testimony  of  witnesses  imt  of 
court      ......  15S, 

to  solemnize  marriages     .         .         .  I2l, 


§5 


47, 

§3 

282, 

§3 

29, 

§1 

2, 

s+ 

6, 

§2 

6, 

§1 

12, 

§3 

13, 

§2 

20, 

§1 

2(1 

§1 

.38, 

Sn 

21, 

<»2 

23, 

§3 

CO, 

Iil 

109, 

*i7 

109, 

*(0 

155, 

§2 

45,  § 
hi. 


MAGISTRATE.^,  continued. 

may  present  petitions  without  fee      .  121,  §1 

niMy     commit    idle     persons,    ic.,  to 

bouse  of  corrediim        .  .  .   127,  §3 

to  designate  towns  through  which 
(Quakers  shall  be  whipped,  and 
number  of  stripes  .  .  .  G3,  §11 

I)owers  in  case  of  suspected  misde- 
meanor .....  324,  §1 

penalty  for  defamation  of,         3G.  §fi;  Iil,  §7 

unseemly  conduct  of  in  court,  pen- 
alty         

in  general  court    . 

penalty  for  denying  authority  of 

judgment  before  two  and  clerk  to  be 
good  in  law    .... 

to  hold  special  court  for  strangers 

to  license  strangers  to  reside     . 
MAID  (see  Servant). 

courtship  of,   torbiilden  without  con- 
sent of  parents 
MA.TOR-GENERAL  (see  Militia). 


3G,  §G 
3G,  §6 
59,  §1 

37,  §7 

37,  §8 

143,  §1 


101,  §3 


■lected  by  ballot         47,  §2  ;  274,  §1  ;   2S2,  §3 
oath   prescribed  .  .  .  104,  §11 

MAl.KKACTOU 

power  to  reprieve      ....    35,  §4 
to  ])ard(m         ....    35,  §4 
MALPRACTICE 

of  surgeons,  niidwives  and  physicians, 

forbidden 28,  §1 

MALT  (see  Bker,  Brkwers). 

to  be  cleanscil  before  sale         .         .  lOfi,  §1 

importation  of,  forbiilden  .         .  HIG,  §2 

repealed    .         .         .  lOG,  §3 

proportion  of.   fixed  for  strong  beer,  251,  §5 

MANSLAUGHTER 

no  crime  in  self-defence     .         .         .    92,  §1 
in  attempting  to  arrest  felon,  92,  §1 
MAN-STEALING 

]>unishcd  by  death     ....  15,  §10 
includes  removal  of  Indians  from  isl- 
amls    on     which    they    have    been 
placed 238,  §17 


22 


Index  to  Colonial  Lawt 


MARBLEHEAD 

searcliLT  of  coin  appointed        .         .118,  §;? 
sliippin;;  iirticer  appointi'il           .         .  13'J,  §3 
rccciviT    of    forlilications    dues  ap- 
pointed   HO,  §5 

county  rates  fur  1672  allowed  for  re- 
pair of  forts           ....  203,  §2 
surveyors    of     damaged    goods     ap- 
pointed   2;)5,  §8 

established  as  port  of  entry       .         .  298,  §1 
MARE  (see  Horse). 
MARINERS  (see  Sailors,  Vksskl.s). 
MARITIME  AFFAIRS  (see  Ah.mikai.- 
Tv,  Vesski.s). 
laws  relating  to  .         .         .         .03 

MARKET,  CLERK  OF  (see  15i!eai)). 
one  or  two  to  lie  chosen  annually  in 

each  market  town  .  .  .       8,  §1 

authorized  to  enter  houses         .         .      8,  §1 
to  weisjh   Inead  b.aked  fur 
sale  and  seize  such  as  is 
of  clefective  weifiht       .       8,  §1 
fees,  one-third  part  of  forfeitures     .      9,  §1 
to    inspect    hreail    made    for    use    in 

families  of  bakers  ...!),  §2 

to  weight  butter  for  sale    .         .         .      !t,  §1 

to  publish  price  of  wheat  monthly     .  288,  ij^ 

oath    prescribed         .  .  .  lljtl,  §2'.» 

MARKETS 

dates  and  places  of  holding       .  .    40,  §1 

MARLBORO'  " 

searcher  of  coin  appointed         .         .  118,  §3 
MARRIAtiE  (see  Husuand,  Wife). 

intention  of,  to  be  published  or  posted  lOL  §2 
courtship   of  maid    forbidden    with- 
out previous  consent  of  jiarents     .  101,  §3 
no   married  person,  having  husband 
or  wife  in  another  country, 
to  reside  in  colony       .         .  101,  §4 
exce])tions        ....  UI2,  §4 
magistratesonly  may  join  in  marriage,  102,  §.i 
with  deceased  wife's  sister  forbidden,  1(12,  §ii 
to  be  recorded  within  one  month       .  130,  §2 
timely  and  convenient,  not  to  be  de- 
nied to  any  cliild  ....    28,  §5 
in  case  of  or])hans     ....    28,  §C 
in  case  of  fornication         .         .         .    54,  §1 
law  of  dowry     .....    42,  §1 
MAR  III  N,  RICHARD 

appointed   collector  of  port  ihies  for 

Fascataqua     .         .         .         .         .271,  §0 
MARSH.'iL   (see  .Attachmext,  Consta- 

HLK,    E.XECUTUIn). 

to  take  bail  in  case  of  arrest  for  debt,  7,  §2 
to  aid  commissioners  of  lio.-ton  .  22,  ()3 
to   levy  fines  assessed  by  court  .    ."il,  §1 

to  collect  fines,  etc.,  on  warrant  from 

treasurer        .....  102,  §1 
to  levy  and  make   return  on   execu- 
tions        102,  §2 

to  issue  and  make  return  of   attach- 
ments    .  .  .      2,  §2i   8,  ijl;    103,  §3 
no  marshal  to  be  clerk  or   recorder 

of  any  court 103,  §3 

fees  .  103,  §4 

clerk  of  writs  to  collect     .         .    29,  §1 
may  require  aid         ....  103,  §(> 
may  break  open  house  to  make  levy,  103,  §7 
charges  to  be  levied  with  execution,  104,  §8 
goods  exempt  from  levy  .  104,  §8 

liable  for  injury         ....  104,  §9 
to  seize   malt,  etc.,  brought  from  Eu- 
rope for  sale  ....  lOG,  §2 
no   deputy  to  serve  attachments  or 

executions 220,  §4 


MARSHAL,  continutd. 

to  record  returns       ....  220,  §5 

not  bound  to  serve  attachment   until 

fees  are  paid  ....  220,  §G 

MARSllAL-tiENERAL 

to  despatch  .special  orders  of  general 

court      .         .         .         .         .         .  131,  §5 

to  receive  all  warrants  from  the  treas- 
urer         132,  §5 

inay  serve  executions         .         .         .  324,  §2 

fees  of 103,  §5 

MARSUFlEhD,   SA MUKL 

appointed  surveyor  of  land       .  .  296,  §9 

MARTIAL  IJISCII'LINK 

connni"s;oners  of,  form  of  oath,         168,  §26 
MARTIAL  LAW  (see    War). 

executions  under  ....  30,  §1 
ordinances  of  camp  .         .         .    229 

MASON,   CAPT.  II r (III 

member  committee  on    soldiers'   re- 
lief   247,  §7 

MASONS 

to  be  taxed  on  income        .         .         .    24,  §3 
M.\STEH  (see  Servants). 
of  vessels  (see  Vessels). 
of  house  of  correction  (see  Hodse  of 

Correction). 
to  teach  servants  and  apprentices      .     26,  §1 
to  correct  youth  for  lying  .         .    92,  §1 

may  license  servants  to  trade  .         .  104,  §1 

cruelty  by lO.i,  §6 

penalty  for  maiming  servant  .  .  lO.'i,  §8 
to  recompense  faithful  service  .  .  105,  §9 
responsible  for  injury   by    servants' 

discharge  of  firearms     .         .         .349,  §  I 

of  mint  appointed  .         .         .  117,  §1 

allowance  for  coining  .         .117,  §1 

to  be  sworn  ....  118,  §1 

MEASURERS 

of  corn,  wood  and  boards,  appointed,  1.56,  §2 

authority  of  .         .         .  I.iG,  §2 

of  salt,  maritime  towns  to   appoint    .  135,  §1 

MEASURES    (see    Sealers,    Weights 

and  Measures). 

standard  established  .         .         .  lo.i,  §1 

new  standard  received  from  England,  279,  §3 

new  seal  for 279,  §3 

MEDFIELD 

designated  as  frontier  town        .         .  247,  §5 
MEDFORIJ 

exempted   from    act   in    relation    to 

farms 40,  §1 

MEETING-HOUSES  (see  Churches). 
may  be  erected  only  by  consent  and 

authority 267,  §9 

regulation  of  conduct  of  children  in,  234,  §6 
doors   to  be  closed  until  blessing   is 

jironounced    .....  234,  §5 
MENDON 

inhabitants  warned  to  return  .  .  239,  §22 

MERCHANTS 

non-residents  to  be  assessed  .  .  25,  §1 
Iienaltv    for   taking  excessive  prices 

for  nierchandise        .         120,  §1 ;  236,  §11 
MESSEN(;EI{ 

general    court   may  send   on   public 

service  .....     35,  §4 

allowance  for  travel  and  expenses  .  213,  §2 
to   be  sent  to  raise  alarm  from  town 

to  town 271,  §8 

Mini)i.i;si:.\ 

commissioners  of,  to  set  price  of  corn,  25,  §3 
time   and  place   of   holding  county 

court 37,  §7 

fairs  and  market-day  established       .  40,  §1 


Index  to   Colonial  Laics. 


23 


MIDDLESEX,  coniinved. 

MILITIA,  continued. 

jurors  for  court  of  assistants  to  be 

sergeant-major,  allowances   at    regl- 

chosen  from 

8fi,  §1 

mental  meetings,   IIC,  §22 

coiniiianil  of  militia  in       .          .          .  Mi',  §1 

oath  iirescribed,         167,  §24 

(late  of  rcfiime 

nt:il  meetings       .           1 10,  §22 

captains, 

lieutenants,  and  ensigns  to 

conmiittee  appointed  to  examine  war 

hold    commissions    from 

rates 

248a 

general  court  .          .         .  108,  §4 

MIUWIVES 

to  appoint  what  arms  shall 

not  to  use    violent  methods   without 

be  carried         .          .          .  108,  §5 

consent  of  p 

Uient.          .          .          .     28,  §1 

to  exercise  soldiers  six  days 

to  have  precedence  at  ferries     .         .    50,  §2 

yearly      .          .          .       '  .  108,  §5 

MILITARY   (see  Militia). 

to  punish  disorder  and   in- 

acts concernin(i;          .         .         .        107;  203 

subordination  .          .          .  108,  §6 

service  with  foreign  enerav  or  against 

order  of  seniority        .          Ill,  §11 

allies  forbidden       .         ".          .         .  315,  §1 

of  precedence    .          .  278,  §1 

MILITIA    (see  SoLuiEns,  War). 

of     troopers    not    to    take 

act  concerning 

107 

troops  outside  county,       113,  §lfi 

major-general, 

powers  of .          .          115,  §10 

to  obey  warrants  of  major,  115,  §10 

to    resiiliite    military 

training, 

six  days  yearly    .          .          .  108,  §5 

affairsintowns  hav- 

reduced to  four  days .          .  2GU,  §3 

ing     MO    sergeant- 

exemptions  from          .          .  100,  §0 

major     .         .          11-5,  §10 

penalty  for  absence  from,   204,  §3 ; 

may    ordi-r    troop    of 

2fii;,"  §4 

horse  out  of  county, 113,  §1(> 

sale  of  liquors  at,  forbidden,  2G5,  §1 

to    issue  warrant    for 

soldiers, 

age  of           ....  100,  §8 

election  of  sergeant- 

exemptions  from  service     .  100,  |s 

major     .         .          .  107,  §1 

number  forming  a  company,  108,  §4 

commissioned 

officers,    freemen     to 

punishment  for  disorderly 

nominate         .          .  lOiS,  §3 

conduct          .     108,  §ii;   114,  §17 

county    court    to    ap- 

to   provide    arms    as    pre- 

prove     .          .          .  lOS,  §3 

scribed      .         .  108,  §7 

General  Court  to  ap- 

in case  of  poverty,  100,  §8 

point       .         .           lli;,  ij'Jl 

impressment   of    (see     Im- 

existing commissions 

pressment)      .          .          HI,  §11 

confirmed        .          114,  §17 

duty  as  sentinel  in  case  of 

commissions    to   bear 

alarm       .                   .          112,  §12 

the  public  seal         .  l.'>5,  §1 

accoutrement  of  pikemen,  1 1.".,  §i'u 

oath  prescribed  .          .  275,  §3 

punishments  authorized  for 

exempt  from  duty  as 

non-payment  of  fines       .  204,  §3 

constables       .          .  3.")2,  §7 

to  account  for  his  arms   be- 

new commissions   is- 

fore receiving  pay  .          .  232,  §2 

sued        .          .         .  278,  §1 

penalty  for  non-appearance 

non-commissioned    oiScers      to      be 

when  impressed       .         .  24G,  §2 

chosen  by  commis- 

on reniDVal  to  another  town, 

sioned  officers         lin,  §21 

not  to  escape  duty   .          .  271,  §7 

towns  to  nominate      .  103,  §4 

rates  for  billeting  and  pro- 

sergeant-major 

,  chosen  by  freemen  .  107,  §1 

visioning          .         .          253,  §12 

to    command    militia 

crops  to  be  liarvested  when 

in  each  county       .  107,  §1 

absent     ....  245,  §1 

to  call  out  regiment 

volunteers  to  be  subject  to 

for  exercise   once 

martial  laws    .         .          .  242,  §3 

in  three  years        .  107,  §2 

committee  appointed  for  re- 

to call    meetini;s     of 

lief  of  wounded        .         .  247,  §7 

company  olticers  .  107,  §2 

regimen 

to  be    commanded  by  ser- 

to   impose    fines    for 

geant-miijors          .          .  107,  §1 

non-attendance      .  107,  §2 

meetings  to  be  held  once 

to  regulate  militia  in 

in  three  years  .  107,  §2 

smaller  towns         .  108,  §4 

dates    of,  in    the 

to    order    assistance 

several     coun- 

in case  of  alarm,    111,  §11 

ties.         .          IIG,  §22 

not  to    march    regi- 

not to  march  out  of  county ,  1 1 1,  §1 1 

ment     out    of 

except  in  pursuit  of 

county    .          Ill,  §11 

enemy          .         .  241,  §1 

except  in  ptirsuit 

accounts    of,    for    Indian 

of  enemy        .  241,  §1 

war,   to   be   audited   at 

in   case   of  death  or 

Boston          .         .         .  248a 

absence  senior cap- 

companies, meetings  of  chief  officers 

tain  to  succeed,      111,  §11 

on  call  of  major  .          .  107.  §1 

to    command    troops 

nomination  of  officers  of,  108,  §3 

of  horse        .          113,  §lfl 

number    of    soldiers    to 

to  advise  major-gen. 

form  company     .          .  108,  §4 

of      condition     of 

smaller  towns  to  join  in 

their  regiments,      113,  §10 

forming        .         .         .  108,  §4 

to  appoint  non-com- 

yearly exercise  appoint- 

missioned officers,  UC,  §21 

ed        .         .     108,  §5 ;  2C6,  §2 

24 


Index  to   Colonial  Laics. 


MILITIA,  continued. 

companies,  powers  of  chief  officers,  lOS,  §(> 
to   cliiiose    clerk    of    the 

band    .         .         .  109,  §10 

precedence  of  .         .  2C3,  §4 

drummer  to  be  chosen  by 

commissioned  officers,  272,  §11 
order  for  division  of  foot, 

in  Boston    .  .         .  217,  §2 

clerk  of  band,  to  be  sworn        .  lOH,  §10 

oath  prescribed    1G8,  §25 
to  call  roll  on  training 

days      .         .  109,  §10 

to  inspect  arms,  etc.    110,  §10 
to  collect  and  dispose 

of  fines  .  no,  §10 

to   procure    arms  on 

request  .         .  109,  §8 

to  levy   fines  within 

one  month     .         .  203,  §1 
clerk's      estate      re- 
sponsible       .         .  203,  §1 
to   render  particular 
account  once  in  six 
montlis  .         .  203,  §1 

to  take  out  officers' 
commissions  with- 
in one  month         .  299,  §3 
'     troop  of  horse,  not  to  exceed  70.        113,  §10 
repealed,  IH,  §17 
property      qualifica- 
tions of         .  114,  §17 
privileges  of     .  113,  §10 
liberty    to    nomin.ate 

officers.         .  113,  §1G 

arms   and    accoutre- 
ments of       .  113,  §10 
to  exercise  six  days 

yearly  .         .  1 13,  §10 

clerk   of   the   troop, 

duties  and  fees,      113,  §10 
service    in    case    of 

alarm    .         .  113,  §10 

not  to  go  out  of  coun- 
ty except  in    pur- 
suit       .         .  113,  §10 
no  officer  of   a  foot 
company    to    be    a 
listed  trooper,         113,  §10 
forbidden  to  disband 
or     change     horse 
without  leave,        113,  §10 
arms,  soldiers  to  provide  .         .         .  109,  §S 
of  foot  soldiers         .         .         .  lOH,  §7 
of  troopers      .         .         .  113,  §10 
of  pikemen      .         .         .  115,  §20 
smiths  to  repair        .         .          112,  §13 
clerk  of  band  to  inspect .          110,  §10 
ammunition,  General  Court  to  make  a 

constant  supply     .  112,  §14 

sele<'tmen  to  jirovide,       112,  §15 
clerk  of  band  to  inspect,  110,  §10 
sentinels,    watcli   to   be   set   half  an 

hour  iifter  sunset,  HI,  §12 

instruction  and  duty,         112,  §12 
signal      of    alarm,    when 

given    .         .  112,  §12 

not  to  hazard  killing  of  any 

person  in  tune  of  pi'ace,  112,  §12 
regulation   of,  during    In- 
dian war        .         .         .  242,  §4 
committee  of,  to   be  formed  in  every 

town      .         .         .  110,  §11 

composition  of,  in  Boston,  110,  §11 

in  other  towns,  11 1,  §11 


MILITIA,  continued. 

committee,  powers  of        .         .  110,  §11 

to  impress  soldiers    .  Ill,  §11 

to  repair   forts    and   pro- 
vide great  guns     .  Ill,  §11 
to  suppress  all  raising  of 
troops  except  bv  autlior- 
ity          .         .    '     .  HI,  §11 
to  apply  country  rates  for 
1072  in  Boston,  etc.,  to 
repair  of  forts       .         .  203,  §2 
to  inspect  stock  of  ammu- 
nition and  arms     .         .  228,  §3 
to  impress  troopers  as  foot 

soldiers  .  .  226,  §2 

to  establish  garrisons        .  227,  §4 
to  remove  women  and  chil- 
dren fron\  frontier  towns,  227,  §4 
may  nominate  persons  for 

military  office         .         .  221,  §8 
to  despatch  messenger  to 

raise  alarm   .  .         .  271,  §8 

to  settle  accounts  of  towns 

for  war  disbursements,  240,  §23 
rates  for   bills    of  Indian 

war  expenses         .  253,  §12 

to  impose  fine  upon  im- 
pressed men  for  non- 
appearance .  .  .  246,  §2 
no  person  liable  to  duty 
to  leave  town  without 
permission  of         .  248,  §10 

ordinances  of  war,  blasphemy  .  .  229,  §1 

oaths  and  execrations  .  229,  §2 
absence  from  public  wor- 
ship ....  229.  §3 
neglect  of  dntv  .  .  229,  §4 
quarrel  with  superior  of- 
ficer ....  229,  §5 
desertion  ....  230,  §6 
silence  under  orders  .  230,  §7 

resistance  to  officer  .         .  230,  §8 
resistance  to  provost  mar- 
shal      ....  230,  §9 
sedition  or  mutiny    .  230,  §10 

mutinous  s])eeches    .  830,  §11 

drunkenness     .         .  230,  §12 

rape,  etc.  .  .  .  230,  §13 
fornication,  etc.         .  230,  §14 

theft,  etc.  .         .         230,  §15 

murder     .         .         .  231,  §10 

neglect  of  equipment  231,  §17 
loss  of  arms  by  gaming  231,  §18 
selling  amunition      .  231,  §19 

overstaying  pass        .  231,  §20 

definition       of       punish- 
ments    .         .         .         231,  §21 
MILLERS 

to  be  taxed  on  income        .         .         .    24,  §3 
toll  of,  regulated        ....  100,  §1 
to  i]rovide  weights  and  scales    .         .  100,  §1 
MINES 

royally,  one-fifth  .  .  .  .  117.  §2 
forfeit  for  non-payment  .  .  .  297,  §1 
absolute  ownership,  when  discovered 

by  proprietor  of  land      .         .         .  117,  §2 
discoverers   to    enjov  profits    for  21 

yeari  .  .  .  110,  §1 

to   ]Mirchase   interest   of 

ln<lians       .  .  .  117,  §1 

MIXISTEKS  (see  PuKA(  HERS, Chlkch). 

exempt  from  taxation  .  .  .  20,  §1 
house  to  be  provided  for    .  .  .  45,  §10 

maintenaTice  of .  .  .  •  .45,  §17 

heterodox,  to  be  removed  .         .         .40,  §18 


Index  to  Colonial  Laics. 


25 


MINISTERS,    continued. 

to  give   certificate  of  orthodoxy  for 

freemen  .         ,         .         .         . 

penalty  for  revilini;   .         .         .         . 

MINOUS  (see  Agk,  Children,  I'arksts). 
answeriible  for  misdeiiieanur 
may  present  criminal  inforinatinn 
nut  to  l)e  furnislieil  apparel  conrary 

to  order  of  parents 
to  he  whipped  fur  tlieft 
deitth  penalty  for  cursing,   etc.,  pa- 
rents 
for  stubbornness 
repealed 
to  pay  tax  if  earning  wages 
debts  contracted  by,  not  recoverable, 
age  of  women  in  case  of  marriage    . 
MINT  (see  Coinagk). 
established  at  Boston 
master    of,    a]ipi)inted    by     general 
court      ...... 

MODEKA'lOU 

to  have  casting  vote  in  civil   asseni- 
l>iies        ...... 

refusing  to  put  vote,  another  to  be 
appointed  to  do  it  . 
MONEY  (see  Coink;k.  Mi.nt). 
exportation  forbidden 
searchers  of,  appointed     . 

])owers 
wampum  receivable  to  40  shillings    . 


fiC,  §2 
61,  §7 

2,  §1 
2.  §1 

6,  §1 
13,  §2 

15,  §i:! 
15,  §11 

-'111,  §L' 

24,  ji:i 
27,  (it 

25,  \v, 

"T,  §1 
117,  §1 


35,  §« 

153,  §1 

118,  §2 
118,  §3 
ll!l,  §3 

154,  §1 


292a 
294, 


119,  §1 


MONEY,    continued.- 

pieces  of  eight  declared  current 
value  established 
MONOPOLY 

none  granted,  except  for  new  inven- 
tions        

MORTGAGE 

to  be  acknowledged  and  record  d 

penalty  for  refusal, 
clerk  of  shire  court  to  enter 
grantee  may  enter  caution  with  rec- 
ords of  county  court 
fee  of  clerk  for  transcribing 
MUGGLETON,  LOVO  WJCK{svc  Her- 
esy). 
books  of,  penalty  for  having  in  pos 
session  . 
to  be  publicly  burned 
MURDER 

premeditated,  punishable  by  death 
in  anger     ..... 
by  accidental  shooting 
MUSKETEERS  (see  Mii.itia). 
arms  required    . 
to  provide  snapjack   . 
MUTILATION 

penalty  for  burglary  or  highway  rob 
bery  on  the  Lord's  day  . 
MUTINY 

on  shipboard,  punished  by  death        .211, 
of  soldier,  penalty     .  .  .  230,  § 


§5 


33, 
33, 
33, 

33, 
130, 


fiO, 
.    CO, 

•  H, 
■  H, 
.  340, 

.  108, 
.  251, 


13, 


§1 
10 


N 


289, 

2U0, 
290, 
298, 
313, 

138 
258, 

289, 


NAV.VL  Ori'ICE 

established  in  Boston 
.lames  Uussell  chosen 

oath  of      . 
duties 
appointment  at  Newliurv 
NAVIGATION  (see  Vessels). 

laws  concerning         .... 
act  to  be  enforced  .  ... 

act  of  parliament  to  be  published  in 
market-place  at  Boston 
NEGRO 

not  to  be  taken  as  passenger  on  ves- 
sel without  permit 
JJEWBUliV 

naval  officer  appointed 
number  of  licenses  to  be  granted 
NODDLE'S    ISLAND 

jurisdiction  of  court  of  commission- 
ers of  Boston         .... 
NOMINATION  (see  Elections). 

of  magistrates  and  assistants  by  ballot,    47, 
to  be  declared  at  Boston,    48, 
of  officers  bv  committee  of  militia      .  221, 
NON-Al'1'EARANCE 

not  punishable  if  hindered  bv  act  of 

God        .         .         .         .      ■   .         .4, 
not  lo  prejudice  damage  in  civil  action,     4, 


281,  §1 


313, 
351, 


21,  §3 


NON-APPEARANCE,   continued. 

in    capital  case,  to    work   forfeiture 

of  lands  and  goods 
to   stand  in  stead  of  one  witness  to 

prove  the  crime      .... 
penalty,  loss  of  case  with  costs 
of  persons  indicted  by  grand  jury 
of  soldier  impressed,  penalty    . 
NONSUIT 

for  failure   to   appear  when  case   is 

called  

NORFOLK 

time    and   place    of  nolding   county 

court     ...... 

command  of  militia  in 
date  of  regimental  meetings        .         1 
compensation  of  majors     .         .         1 
committee  appointed  to  examine  war 

rates      

NORTHAMPTON 

county  court  of  Hampton  to  be  held 

in 37,  §7 

NOTARIES,  PUBLIC 

exemjit  from  military  service  .  .  109,  §9 
to  enter  importations  of  jxiwder,  etc.  125,  §1 
to  record  testimony  laken  out  of  court,  158,  §2 
oath  prescribed                             .  1(15,  §14 

seal  of 313,  §5 


IG,  §17 

Ifi.  §17 
87,  ijG 
38,  §G 

2iG,  §2 


87,  §6 


37,  §7 
107,  §1 
If.,  §22 
10,  §22 

248a 


OATHS 

no  man  to  be  urged  to  take  except  as 
retjuired  by  law      .... 

of  magistrates  and  officers,  biniling 
only  while  inhabitants  . 

of  freemen,  county  court  to  admin- 
ister       ...... 

form  prescribed 


OATHS,    continued. 

of  fidelitv,    required  of   all    inluibi 

119, 

§1 

tants 

120, 

§2 

of  all  persons 

158 

SI 

119, 

§1 

form  prescribed 

1G3 

§6 

of  strangers,  form  prescribed    . 

120, 

S2 

r,(i, 

s;< 

of  allegiance,  form  prescribed  . 

261, 

SI 

Ui3, 

§■ 

for  all  over  16  years  . 

262, 

§2 

26 


Index  (o   Colonial  Laws. 


OATHS,   continued. 

of  allegiance,  magistrates   to  ailniin- 

istiT L'G3,  §? 

of  ;,'overn(ir  .....  ]l!4,  §8 
of  ilc'puty-irovcrnor  ....  H14,  §!) 
of  assistants       ....  1G4,  §10 

of  major-general       .         .         .  KU,  till 

of  treasurer  .  .  .  105,  §12 

of  secretary       ....  1G5,  §13 

of  notary  iniblic        .         .         .  1G.">,  §14 

of  marshal         ....  ICG,  §15 

of    commissioners    witli    i)t)\VL-rs    of 

magistrates    ....  IGG,  §16 

of  associates     ....  IGG,  §17 

of  tliree  men  to  hearsmall  causes,  IGC,  §18 
of  grand-jurors  .         .         .  IG7,  §19 

of  ]ietit-jurors   ....  1G7,  §L'0 

of  jurors  in  capital  eases  .  1G7,  §21 

of  witnesses      ....  1G7,  §22 

of  jurors  of  inquest  .         .  1G7,  §23 

of  sergeant-major,  etc.      .         .  1G7,  §2-1 

of  clerk  of  baiid        .         .         .  1G8,  §25 

of  commissioners   of   martial   tlisci- 

pline 1G8,  §2G 

of  constable      .  .         .  1G8,  §27 

of  searclier  ami  scaler  of  leather,  1G8,  §28 
of  clerk  of  market    .         .         .  1G9,  §29 

of  searchers  of  ammunition  1G9,  §30 

of  appraisers     ....  1G9,  §31 

of  viewers  of  pipestaves  .  Kii),  §32 

of  collector  of  customs      .         .  109,  §33 


170,  §34 
170,  §:i5 
;341,§7 
.  275,  §2 
.  290,  §4 

262,  §1 


OATHS,   continued. 
of  viewers  of  fish 
of  packers  of  beef,  etc.     . 
of  lithing-m.in  .         .      271,  §; 

of  canvassers  of  votes 
of  naval  officer 
denial  of  power  of  I'ope  to  absolve 

from      .... 
profane  (see  Blasphemy,  1'kokane 
SwuAiaNXi). 
OLIVER,  JA.MES 

appointed  searclier  of  coin  in  Boston,  118,  §3 
appointed  to  seize  provisions  intended 

for  export      ....  239,  §21 

OPPRESSION 

by    shop-keepers    setting   excessive 

price  on  goods,  penalty    120,  §1  ;  236,  §11 
by   laborers,    as   to   hours   and  pay, 

penalty  .  .         .   120,  §1';  23C,  §11 

ORDINARIES    (see    Lnnkeepers,   Li- 
censes). 
gaming  and  dancing  forbidden  in 
ORPHAN 

disposal  of  by  court  during  minority, 
ORTHODOXY     (see    Churches,   Doc- 
trine, Heresy,  Heteuouoxv). 
certificate  of,  for  freemen 
OVERSEERS 

of  Harvard  College 
of  public  works,  power  to  impress 
labor     


57, 

§1 

28, 

§6 

56, 

§2 

29, 

§1 

73, 

§1 

PACKER 

of  beef,  pork  and  fish,  fees  .  .  IG,  §2 
to  be  sworn  .....  2.H.'i,  §.> 
oath  prescribed  .         .         .  170,  §35 

PAhV,  MOSES 

appointed  searcher  of  coin  in  Brain- 
tree       118,  §3 

PARDON 

general   court    only     has    power   to 

grant 35,  §4 

PARENT  (see  Age). 

to  plead  for  child       .... 
penalty  for  cursing  or  smiting  . 
to  bring  stubborn  child  into  court 
not  unreasonably  to  deny  marriage 
to  child           ..... 
to  correct  children  for  lying     . 
fifth  commandment  to  be  observed    . 
responsible  for  damage  by  unauthor- 
ized    discharge    of     firearms     by 
children 349,  §1 

P.iRKER,   wirji.i.\}r 

member  connuittee  on  soldiers' relief,  247,  §7 
PASCATAQUA 

time    and   place   of   holding   county 

court 37,  §7 

river,  questions  concerning  collection 

of  customs  in  ....  72,  §14 

searcher  of  coin  appointed         .  .  118,  §:'■ 

shipping  ollicer  .appointeil  .  .  139,  §:! 

receiver   of    fortifications    dues   aji- 

pointed  .....  140,  §."> 

to   pay  its    own    bountv    for    wolves 

killed     .         .         .   "     .         .         .  1.59,  §1 
duties    ujion   liquors    imi)orted,     af- 


2 

§1 

15, 

§13 

15, 

§1* 

28 

§5 

92 

§1 

235 

§'J 

firmed 

PAUPERS  (see  Poor). 

PAY.VIENT  (see  l)Eur,  Creditor). 
to  be  made  according  to  contract 
in  wampum,  to  40  shillings 


212,  §1G 


120,  §1 
154,  §1 


PEACE,  BREACH  OF 

punishable  by  fine     ....     II,  §1 
amount  of  penalty  left  to  discretion 

of  court  .  .  .  .  .     1 1,  §1 

retaining  possession  of  estate  by  per- 
son against  whom  judgment  has 
been  given  .         .         .         .     11,  §2 

PECULIARS 

definition  of 24,  §1 

where  assessed  ....    24,  §1 

powers  of  constable  in       .         .         .  294,  §3 
PELTRY  (see  Ft;RS). 
J'ESDLETON.  Jilii'.W 

appointed    shipping   officer   of    Pas- 

cata(ina,  etc.  ....  139,  §3 

PERIWICS 

penalty  for  wearing  .         .         .  233,  §2 

PEIMURY 

in  i-apit.al  cases  punished  by  death     .  15,  §11 
PETITION 

liberty  of,  by  inhabitant  or  foreigner,    90,  §1 
to  general   court,  fees  for  .         .  121,  §1 

when    to    be   pre- 
sented      .         .     121,  1 
secretary  to  write,  121,  §1 
charges    of    bear- 
ing    .  .  121,  §1 

PHYSICIANS 

to  practice  according  to  the  approved 

ruh's  of  the  art  .  .  .  .  28,  §1 
to  have  ])recedence  at  ferries  .  .  50,  §2 
may  ]>rescribe  licpior  for  Lnlians  .     7G,  §5 

exempt  from  military  service  on  al- 
lowance of  two  magistrates  .         .  109,  §9 
PIECES-OE-EIGHT 

made  legal  c\irrency  .         .         .  292a 

at  six  shillintrs  per  ounce  .  .  294,  §5 

r/KE,   JIfA.IO/,'  ROIlElir 

to    enlist    troopers    from     foot    com 

panics  313,  §1 


Index  to  Colonial  Laws. 


27 


.   i: 

§1 

.  vr> 

SI 

.  \>-> 

<jl 

.  122 

§1 

ir.il, 

IjiU 

.  122 

SI 

.  122 

§1 

.  211 

§9 

.  W> 

§1 

I'IKEMAN  (see  Militia). 

arms  of,  iircsorilied  .  .         .  108,  §7 

to  wear  huff  or  quilted  coats       .  115,  §20 

to  furnish  themselves  with  firearms,  226,  §2 
PILFEKING  (see  Tueft). 
PlLLOHY 

as  iiunishmcnt  for  forgery         .         .     .i4,  §1 
fur  defacement  of  records  .  .  131,  §3 

PILOT  (see  Vessels). 

inefficient,  to  forfeit  wages         .  .  98,  §20 

PIPESTAVKS  (see  Cask,  Coopers). 
lengtli  anil  quality  prescribed    . 
assize  of  . 

viewers  of,  for  export,  appointed 
duties  and  fees  . 
o:ith  prescribed 
unviewcd  to  be  forfeited    . 
refuse,  may  be  exported    . 
PIRA(  Y 

punished  with  death 
accessories  to,  penalty 

order  concerning  Christopher  Gofic,  355,  §1 
PL.VINTIFE  (see  Action,  ATTAriijiKXT, 
Execution). 

age  for 2,  §1 

foreigner   to   give   security   in   civil 

action 7,  §1 

penally  for  asking  advice  of  sitting 

magistrate      .....     8-t,  §1 
to  lose  case  with  costs  on  failure  to 

appear   .         .         .  .         .    87,  §0 

with     consent    of     defendant     n.ay 

choose  manner  of  trial  .  .  I."i2,  §2 

may  challenge  jurors         .  .  162,  §o 

PLEADlNti  (see  Actions,  Defe.ndant, 
Plaintiff). 
not  affected  by  circumstantial  errors,       7,  §2 
POISONINti 

when  fatal,  punished  liv  death  . 
POND 

of  more  than  10  acres,  to  be  free  for 
fishing  and  fowling 
POOR 

settlement  of,  how  determined 
towns  to  care  for 
POOR     DEinoHS    (see    Akrest,     As- 

SIOXLE,      DehT). 

support  of,  in  jirison  .         .         C>.  §1 ;  128,  §5 
liberty  of,  on  jiad       .  .  .  .       7,  §1 

disiliarge  of,  on  taking  oath       .         .  128,  §5 

POPE  OE  ROME 

ecclesiastics  ordained   by  his  author- 
ity forbidden  the  colony  .  .     fi7,  §1 
denial  of  authority  of         .         .         .  2G1,  §1 

PORK  (sec  Cask). 

assize  of  cask  ....     Hi.  §1 

regulations  for  packing     .  .     li!,  !il 

for  sale  of  by  Indians     .  2u(!,  §1 

PORT  (see  Customs,  Vessels). 

charges  npon  foreign  traders    ,  .  140,  §.i 

of  entry  established,  regulations  of,  298,  §1 

porters' 

selectmen  of  Hoston  and  Charlestown 

to  appoint  and  fix  wages  .  .  124,  §1 

PORTSMOTTII 

iili|>ial    from  court  of  associates  in  .       4,  §1 
county    court    of    Pascataqun   to   be 

belli    in 37,  §7 

POSSESSION 

withoin  ilisturbance  for  five  years,  to 

confer  title  ....  124,  §1 

to  confirm  title,  despite  former  grant,  206,  §  j 
POUND  fsee  Cattlk,    IImrsi^s,  .Swine). 

for  trespassing  cattle         .         .         .18,  §3 
swine  or  calves  .    20,  §1 


14,  §(; 


91,  §2 

12.'.,  §1 
1:;3,  §2 


POUND,    continved. 

towns  to  maintain      ....  124,  §1 
notice   to    be   given  owner  of  cattle 

impounded  .  .  .    125,  §1 

may  be  replevined  .         .  125,  §1 

hreach  of  pound         ....  125,  §1 

penally  of  resistance  or  rescue  .  125,  §2 

disposition  of  impounded  swine  .  146,  §3 

POWDER  (see  Ammunition). 

mill  at  Dorchester,  workmen  may  be 
inpresseil  for      ....         237,  §15 
PREACHERS    (see    Churches,  Minis- 
ters). 

ordination  of 43,  §4 

dissatisfaction  with  .         .  .  44,  §13 

penalty  for  interrupting     .  .  .  44,  §14 

maintenance  of  ....  46,  §18 

heterodox  and  vicious,  to  be  removed  46,  §18 
PRECEDENCY 

of  militia  companies,  regulated         .  263,  §4 
PRESCRIPTION 

not  to  prevail  against  the  Word   of 

God 126,  §1 

PRISON    (see    Arrest,     Deiit,     Poor 
Debtors). 
escape  from,  charges  for  apprehend- 
ing          31,  §2 

malefactors  to   be  conveyed  at  their 

own  charge    .....  126,  §1 
penalty  for  aiding  to  break  prison     .  127,  §4 
for  debt,  plaintitf  to    secure  keeper 
tor  maintenance  of  pris- 
oner       .         .  .  128,  §5 
making  oath  that  he  is  not 
worth  five  pounds,  to  be 
discharged       .         .         .  128,  §5 
allowance    for  food  estab- 
lished     ....  Vl»,  §5 
keeper  of,  to  present  list  of  prisoners,  128,  fjo 
to  be  allowed  cost  of  main- 
tenance ....  128,  §5 
penalty    for    suffering    to 
escape   .          .         .         .  128,  §1 
house  of  correction  to  he  provided  in 

each  county  .  .  127,  §2 

select  men  to  provide 

material   for  labor,  127,  §3 
master  appointed    by 

county     court,  127,  §3 
to  have  iirofit  of 
prisoners'     la- 
bor.        .         .  127,  §3 
delinquents       committed, 
whipped,    then    set    at 
work     .         .  .  127,  §3 

furnished  bre.id  and  water 

or  other  mean  food       .  127,  §3 
one  magistrate  may  com- 
mit .       " .         .  127,  §3 
discharged   only  by  war- 
rant      .         ."        .         .  127,  §3 
vagabonds  committed  to  .  153,  §1 
PROFANE  SWEARING 

penalty  for         .  .  .  .  .  144,  §1 

lor  more  than  one  oath  .  145,  §2 

any  who  hear  must  disclose  name  of 

oft'enilcr 235,  §7 

PROPRIETOR 

riparian  rights  of      .  .  .  .    91,  §2 

PRO  lESTATION  (see  Disse.nt). 
PROVISIONS 

export  duties  on  .         .         .         .     71,  §9 

im|iortatioii  of  certain,  forbidden       .  106,  §2 

suspended,     239,  §19 

exportation  forbidden         .         .  239,  §21 


28 


Index  to   Colonial  Lavs. 


PROVISIONS,   continued. 

PUNISHMENT  (see  Banishment,  Cap- 

repealed    ......  264,  §6 

ital  Punishment,  Branding,  Mu- 

of soldiers  in  Indian  war,  rates  estab- 

tilation,     Whipping,       Stocks, 

lished     253,  §12 

Torture). 

PUBLIC    HOUSES    (see    Innkeepers, 

barbarous    or    cruel    not    to   be    .al- 

Licenses). 

lowed     129,  §1 

not  to  entertain  children  in        .         .    27,  §3 

PURSUIT  (see  Hue  and  Cry). 

PUBLIC  WORKS  (see  Bridges,  High- 

of deserting  sailor     .         .         .         .99,  §23 

ways,  Impressment). 

authority  to  impress  labor  for            .    73,  §1 

a 


QU.AKERS  (see  Heresy). 

disfranchised 

4S, 

§■'' 

forbidden  entrance  to  the  colony 

fin. 

*!  + 

penalty  for  bringing    . 

OO, 

§  + 

increased 

234, 

§+ 

for    entertaining   or 

concealing 

fiO, 

§4 

for  encouraging 

61, 

§•'' 

for    importing   their 

doctrinal  works 

61, 

§6 

for    reviling     magis- 

trates    . 

61, 

§7 

if  not  inhabitant,  to  be  apprehended. 

61, 

§9 

penalty  on  convic- 

tion   . 

61, 

§9 

if  inhabitant,  penalty 

61, 

§'•» 

voluntary  departure    . 

62, 

§'J 

one    magistrate    may 

commit     . 

f.2 

S!' 

opinions  and  practices  described 

62, 

§9 

QU.4KERS,    continued. 

wandering  or  vagabond  to  be  whip- 

pcil  at  cart's  tail  .  .  62,  §10 
braniled  for  contumacy  .  63,  §10 
iiicorris-'ible         .         .  63,  §10 

to  be  whipped  through  but 

three  towns     .  .  .  G3,  §11 

penalty   of   wlii|)ping   or    death  sus- 
pended except  against  vagabond    .  63,  §11 
penalty  for  attending  meeting   .         .  234,  §4 
meetings  of,  forbidden        .         .         .  250,  §3 
QUARTERING 

of  soldiers  in  Indian  war,  rates  for,  2."i.i,  §12 
QUESTION 

submitted  from  inferior  courts  to  be 

resolved  by  general  court    .         .    38,  §11 
QUORUM 

of  the  Council  of  the  Commonwealth,    33,  §1 

to  issue  reprieve  .    3.'>,  §4 

of  county  courts         ....    3G,  §7 

of  overseers  of  Harvard  CJoUege       .    29,  §1 


R 


EACCOON 

e.\portation  of  furs  or  skins  forbid- 
den        ...... 

RAILING  (see  Scolding). 
RAPE 

punished  by  death  at  discretion  of 
court    ...... 

by  soldier,  penalty  .         .         .2 

RATES  (see  Taxes). 

civil  and  ecclesiastical 

country 

RAWSON,  EDWARD 

appointed  shipping-officer  of  Boston 
special  duties    . 
REBELLION 

against  the  Commonwealth 

against  the  king's  maiesty 
RECANTATION  (see  Heresy). 

of  heretic,   to  be  public     . 

penalty  for  offending  after 
RECORDER  (see  Clerk,  Courts). 
RECORD  (see  Clerk,  Courts,  Clerk 
OF  Writs,  Deeds,  Wills). 

of  judgments,  etc 

of  dissenting  minority  of  court,  etc. 

of  evidence        ..... 

of  births,  deaths  and  marriages 

ojien  to  public  inspection 

penalty  for  defacing 

of  deeds    ...... 

transcripts  of    . 

of  lost  goods  and  stray  beasts    . 

of  names  and  (pialities  of  strangers, 

of  probate  of  wills     .... 

of  administration  of  intestate  estates, 

of  testimony  of  witnesses  out  of  court, 


220, 

§3 

15, 

§15 

30, 

§13 

22 

§2 

23 

§3 

139 

§3 

140 

§3 

15, 

§12 

292 

59 

§2 

60 

§a 

129, 

§1 

12.S 

§1 

129 

§1 

130, 

§2 

131 

§3 

131, 

§3 

131 

§3 

131, 

§3 

141. 

§2 

1  4.3 

§1 

157, 

§1 

158, 

§2 

158, 

§-' 

RECORD,    continued. 

of  returns  of  executions  by  marshal,   102,  §2 
of  names   of  such  as   take  oatli   of 

fidelity 258,  §1 

of  names  of  persons    taking  oatli  of 

allegiance 263,  §2 

of  houses  and  lands  taken  on  execu- 
tion          220,  §5 

of  special   court  to  be  transmitted  to 

court  of  assistants 
of  disagreed  cases  in  county  court  to 
be  sent  to  court  of  assistants 
REEVES,  ./0//jV(sec  Heresy). 

books  of,  penalty  for   having  in  pos- 
session ...... 

to  be  puhliciv  burned 
REGENERATION  (see  Heuesv). 

lienally  for  denving  .         .         .         .    59,  §1 

REGIMENT  (see  Militia). 
RELIEF 

of  persons  driven  from  their  liabita- 

lions  by  the  war     .         .         .         238, 
of  wounded  soldiers,  committee  ap- 


38, 


60, 
GO, 


§8 


§* 
§* 


pointed  ....  247, 

of   Indians         .....  247, 

RELIGION  (see  Doctrine,  Heuesv). 
REMONSTRANCE  (see  Dissent). 
REPLEVIN  (see  Attachment). 

permitted  on   security,  except  upon 
exeeuticm   after  judgment  or  pay- 
ment of  fines  ....  132, 

of  iriipoiMidcd  cattle  .        18,  §3;    125, 

granteil  by  clerk  of  writs  .         .    29, 

writ  of,    to  be   issued  in  the  king's 
name       ......  161, 

form  prescribed       .         .         .  162, 


16 

§7 
§8 


Index  to  Colonial  Laws. 


29 


BKPRIEVK 

REVIEW,  continued. 

of  condemned  malefactor,  by  whom 

assessment  of  former  costs 

•  20G,  §4 

KrantcMl 35 

§* 

ROBBEKV,  HIGHWAY 

RESIKKKCTION  {see  Heresy). 

penalty  for  on  secular  days 

.     13,  §1 

IMiiallv  fur  denying  .         .         .         .59, 

§1 

on  the  Lord's  day    . 

.     13,  §1 

KKSIUKN'CIC 

ROGUES  (see  Vagaiio.nds). 

of  persons  removing  on  account  of 

ROY.ALTY 

war S4C, 

§3 

on  product  of  mines 

•  117,  §2 

REVIEW 

RUM  (see  Liqlors). 

may  be   had  in    same  court  on    new- 

abatement  of  impost  upon 

268,  §11 

evidence         .....  152, 

§1 

RUSSELL,  JAMES 

to  be  tried  in  same  court  as  original 

appointed  naval-officer  at  Boston 

.  290,  §2 

action 206, 

§3 

s 


SABB.\T1I  (see  Lord's  Day). 

laws  concerning  observance  of  .     132 

deniiil   of  morality  of  Fourth  Com- 
niaiidiiient  diclareil  heresy    . 
SAII.OUS  (see  Vksski.s). 

claim  upon  vessel  for  dues 

to    be    provided    witli    victuals    and 
drink      .... 

not  to  reship  until  dischargeil 

spi'cial  contract  with  master  to  hold 
good      .... 

not  to  be  carried  to  stay  out  above 
one  year 

to  receive  wages  promptly  at  end  of 
voyage 

liable  with   master  for  damages  by 
neglect  .       til!,  §11;   97.  §16; 

penalty    for     ab.senling     themselves 

from  service     . 

for  unruly  conduct 

to  keep  watch  at  sea  and  in  harbor 

penalty  for  desertion 
pursuit  for 

to  entertain  no  one  on  board  without 
master's  leave 

penalty  for  outrage  upon  master, 
for  hindering  voyage 

not  to  desert  vessel  in  distress  . 

to  save  cargo,  etc.,  in  shipwreck, 

penalty  for  consenting  to  e.tport  of 

coin 118,  §2 

no  credit  to  be  given         .         .         .  293,  §  I 

process  for  debt  void  against    .  134,  §4  ; 

293,"  §  I 
SALE  (sec  Deeds). 

of  real  estate  invalid  unless  acknowl- 
edged and  recorded 

clerk  of  shire  court  to  enter 
SALEM 

jurors  from,  not  to  be  summoned  to 
Ipswich 

county  court  for  Essex  to  be  held  in, 

fairs  and  market  ilays  establisheil 

COMunittee  of  militia  in 

searcher  of  coin  a]>p<>inted 

receiver    of   fortifications    dues    ap- 
pointed .         .         .         , 

county-rates  for  1672  allowed  for  re- 
pair of  forts 

fine      for      constable      refusing 
serve      ..... 

shipping  officer  apjiointcd 

surveyors     of    damaged    goods    ap 
poinlcil  .... 

established  as  port  of  entry 

port  officer  appointed 

naval  office  established 

number  of  licenses  to  be  granteil 


59,  §1 

94,  §5 

9. 

>,  §0 

95,  §7 

95 

.§9 

9C 

.§9 

96, 

§10 

98, 

§17 

98, 

§18 

98, 

^19 

99, 

§21 

99, 

§22 

99, 

§23 

99, 

§24 

100, 

§2.5 

100, 

§25 

100, 

§26 

100, 

§27 

.     ,'53, 

§* 

.     33, 

H 

0 

.     36, 

§7 

1,     37 

§7 

•     49, 

§1 

110, 

«1I 

.    118, 

§3 

.   140, 

§5 

.  203, 

§2 

.   247, 

§6 

.    139, 

§3 

.  295, 

§8 

.  298, 

§1 

.  313, 

§6 

.   290, 

§3 

.   351, 

§•-' 

SALLSBURY 

counlv  court  for  Norfolk  to  be  held 

in 37,  §7 

enlistment  of  troopers  in  .         .         .  313,  §4 
naval-officer  appointed      .  .  .  313,  §7 

SALT 

measurers  to  be  appointed         .         .   134,  §1 
fees  ....   135,  §1 

Turtoodas,  not  to  be  used  in  curing 

fish 54,  §6 

SALTER,  .JOIiy 

proclaimed  pirate      ....  355,  §1 
SALTI'ETHK 

selectmen  to  encourage  production  of,  135,  §1 
SCHOOLS 

reading  and  writing  to  be  taught  in 

towns  of  50  families        .  .         .    136,  §1 

grammar   schools   in    towns  of   100 

fimilies       .         .   136,  §2 
penalty  for  neglect 

increased    .  137,  §3; 

305,  §3 
number  in  towns  of  .jOO  families        .  305,  §2 
instruction  for  university  to  lie  given,   136,  §2 
teachers  to  be  sound  in  the  faith       .    136,  §3 
exempt   from   military  ser- 
vice .         .  .  .   109,  §9 
SCOLDING 

scolds  to  be  gagged  and  ducked        .  206,  §1 
SCOUT.S 

established  in  frontier  towns     .  .   246,  §5 

SCRI1'TUKE,S  (see   Heuesv,  Word  of 
God). 
penalty  for  denial  to  be  word  of  God,    59,  §2 
SEAL 

public,  governor  to  affix  to  all  com- 
missions, etc.      .  .  .   135,  §1 
secretary's  fies  therefor        .  136,  §1 
to  be  affixed  to  copies  of  grants  of 

land        .  .  .         .         .  354,  §2 

standard  weights  and  measures  to  be 

sealed  with 155,  §1 

for  new  standard  measures        .         .  279,  §3 
of  treasurer's  office  .  .  .   72,  §12 

of  notary  jiublic         ....  31;',"  §5 
for  leather,  to  be  provided  by  towns,     89,  §4 
power  of  attorney  valid  without  seal,  266,  §7 
SEALEUS 

of  weights  and  measures,  appointed,  155,  §1 
of  leather,  appointed  by  towns  .  .     89,  §4 

oath  prescribed         .  168,  §28 

to  seal  unwrought  leather 

before  it  is  dressed,        212,  §13 
SEARCHERS 

of  money,  appointed  .         .         .   118,  §3 

of  pipestaves     .....    \T1,  \\ 

of  powder,  appointment  of  and  duties,  126,  §2 

oath  prescribed  169,  §30 


30 


Index  to  Colonial  La  us. 


38, 

1^12 

121 

§1 

131 

§-, 

140 

«;i 

101 

§1 

SEARCHERS,    continued. 

ol'liickU'd  sturgoon  .         .         .  210,  §4 

i)f  lc:itlier  (see  Seai-eks). 
SECKETAUV  (see  Clerk). 

elecleil  liy  l.allot        47,  §2;  274,  §1  ;  282,  §3 
oatli  |)reseril>('cl  .         .         .  I(!o,  §13 

to  furnish  copy  of  records  of  iianies 
of  freemen    ..... 
to  receive  fees  for  entry  of  petitions, 
to   make  copy  of  special  orders  for 

delivery  by  marshal-general . 
to  transmit  cajjiies  of  navigation  act  . 
to  issue  all  writs,  etc.,  in  king's  name, 
SECURITY  (see  Boni>). 

for  perishable  produce  taken  in  dis- 
tress            41,  §1 

SEIZER  (see  Searcher). 

of  leather  fur  transportation      .         .   205,  §2 

freemen  to  choose      .         .   205,  §2 

SELECTMEN  (see  Towns). 

to  be  chosen  by  towns 

instructed  in  writing 
eligibility  to  election 

property   qualification  re- 
moved   .... 

penalty  for  refusal  to  serve 

to  assess  persons  wearing  apparel  in 

excess  of  their  station    . 
to   appoint    perambulators    of    town 
bounds  ...... 

to  receive  notice  of  injury  by  defec- 
tive highway,  etc. 
to  order  fencing  of  common  fields 
to  appoint  fence-viewers   . 
to  determine  small  causes,  when 

to  grant  e.\'ecutiun 
to  value  real  and  personal  estates  for 

taxation  .....     23,  §3 

to  assess  strangers     ....     25,  §1 

to   care    that   children   be  taught   to 
read  .... 

to  place  apprentices  . 
to  assess  cost  of  maintenance  of  niin 
ister 


148,  §2 
14S,  §2 
U8,  §4 

352,  §C 
55,  §1 

5.  §1 
10,  SI 


12 

§2 

17, 

P 

1!) 

¥' 

-'1, 

P 

21, 

§2 

2fi 

SI 

2(i 

§1 

5. 

517 

5(; 

§2 

(ii. 

!^'.) 

154, 

§1 

GO, 

S2 

to  give  certificates  of  freeliolders 

to  apprehend  Quakers 

to  lay  out  town-ways 

to  view  and  approve  stallions  to  run 

on  common     ..... 
to  doom  goods  fraudulently  invoiced 

for  entry  at  custom-house       .         .     71,  §7 
to  license  innkeepers  .       79,  §1;  351,  Jjl 

to  mount  guns  and  repair  forts  .         1 1 1 ,  §1 1 
to  provide  aiiinuinition        .         .         112.  §15 
materials     for     work     in 
house  of  correction 
to  encourage  production  of  saltjietre 
to  appoint  officers  there- 
for     .... 
to    admit   no  school-teachers  of   un- 
sound faith     ..... 
to  appoint  burial-place  of  suii.'ide  in 

highway  ..... 

to  make  orders  for  clearing  common 

lands  for  sheep-keeping 
to   appoint    how    much    each    family 

shall  spin         ..... 

to  order  watch 

to   choose    a   sealer  of  weights   and 

measures        .... 
to  have  custody  of  standard  weights, 

etc 

to  appoint  measurers  of  corn,  etc. 
to  pav  Ijounlv  to  Indians  for  wolves 

killed      .    ■ ir.O,  §3 


127, 

§3 

135, 

§1 

135, 

§1 

130 

§■•! 

137 

§1 

138, 

§1 

141 

iil 

1.54 

§1 

155,  §1 

155,  §1 
150,  §2 


SELECTMEN,  continued. 

to  limit  number  of  cattle  on  common 

lands 211,  §8 

to  appoint  inspectors  of  wool  in  sea- 
port towns 219,  §2 

to  raise  money  for  purchase  of  .arms,  227,  §3 
to  appoint  persons  to  searcli  out  un- 
licensed liouses  of  entertainment   .  235,  §8 
to  compel   restitution  of  overcharge 

by  laborer      ....  236,  §1 1 

to  impress  men  to  harvest  crops   of 

absent  soldiers         ....  245,  §1 
to  care  for  persons  and  estates  of  in- 
sane         248,  §9 

to  set  up  cage  for  Sabbath-breakers,  250,  §2 
to  make  fjuarterly  list  of  persons  who 

have  not  taken  oath  of  fidelity        .  257,  §1 
to  require  idle  persons  to  work .         .  294,  §4 
to  settle  new  comers  in  diligent  em- 
ployment        .....  337,  §1 
constables  to  serve  all  warrants  of    .  1.50,  §8 
of  Boston  and  Charlestown  to  regu- 
late employment  of  porters    .         .  124,  §1 
SELI-^-MURDEK  (see  Sik  ide). 
SENTENCE  (see  Capital  Punishment). 

of  death,  when  to  be  executed  .         .    30,  §1 
warrant  for  .         .         .    30,  §1 

no  man  to  be  twice  sentenced  for  one 

offence 129,  §1 

SENTINEL  (see  Militia). 
SERGEANT-MAJOR  (sec  Militia). 
SERVANTS  (see  Masters). 

regulation  of  apparel          .         .         .      0,  §1 
penalty  for  embezzlement  from  mas- 
ters          13,  §2 

for  pilfering  and  theft  .  .  13,  §1 
instruction  of,  by  masters  .  .  .  26,  §1 
disobeilient,  how  punished  .  .     27,  §2 

not  to  frequent  pulilic  bouses     .  .     27,  §3 

forbidilen  to  engage  in  trade  without 

master's  license  ....  104,  §1 
hours  of  workmen  prescribed  .  .  104,  §2 
fugitive,  to  be  pursued  .  .  .  104,  §3 
wages  to  be  set  by  freemen  in  towns,  104,  §4 
all  to  bo  bound  to  same  rates  .  .  105,  §4 
wages  to  be  i)aid  in  corn  .  .  .  105,  §5 
except  by  special  agreement  .  105,  §5 
flying   from   cruel   master,  may    be 

harbored         .....  105,  §6 
none  to  be  put  off  above  a  year  with- 
out authority  .....  105,  §7 
if  maimed  by  master  to  go  free,  etc.  .  105,  §8 
faithful   service  for  seven  years  re- 
warded     105,  §9 

unfaithfulness  punished     .  .  .  105,  §9 

not  to  be  taken  as  jiassenger  on  ves- 
sel without  permit  .         .         .  2S1,  §1 
unauthorized  discharge  of  firearms  by  349,  §1 
in  satisfaction  of  debt         .         .         .  305,  §5 
SETTLEMENT 

of  paupers,  by  county  court        .         .  123,  §1 
three  months'  residence  to 

determine  inhabitancy,  123,  §1 
persons  forced  from  their  habitations 
by  law,  not  to  become  a  charge  to 
other  towns    ....  238,  §16 

of  book  accounts  (see  Debt). 
SHEEP 

rate  of,  for  taxation  .         .  212,  §12 

tax  upon,  when  brought  from  other 

colonies  .         .         .  283,  §4 

repealed    ....  287,  §2 

liberty  to  keep  on  commons       .         .  137,  §1 

proportion  of  sheep  to  cows       .         .  138,  §1 

coursing  with  dogs  forbidden     .         .  138,  §2 


Index  to  Colonial  Laics. 


31 


.  138,  §2 
.  138,  §3 

.  138,  §1 


138 


SHEEP,  continued. 

if  killed  by  ilo};s,  penalty  . 

regulation  of  washing  wool 
SIIIP-BLILDINU  (see  Vkssels). 

laws  of  construction  and  survey 
SIlIP-CAHi'ENTEK  (see  Vksskls) 
SIIU'-MASTEU  (see  Vessels,  Master 

OK). 

SHIPl'INfi  (see  Vessels). 

laws  concerning  .... 

SHIl'WKIH'K  (see  Vessels). 

seamen    to  endeavor  to    save  tackle 

and  carfio     .         .  100,  §27 

compensation  for     .  100,  §27 

SUIIUC  COUKT  (see  Coitntv  Couin). 
tu   confirm    nomination    of    clerk  of 

writs  hv  town  .         .  .         .     29,  §1 

SIIOEM.MvKUS  (sec  Leatiieii). 

to  be  taxed  on  income        .         .  .     24,  §3 

forbidden  to  act  as  tanners         .  .     88,  §1 

senr<liers  to  seize   boots,  etc.,  made 

of  insiirtieient  leather     .         .  .     ilO,  §:! 

SHOOTI.NG 

at  mark,  in  towns  or  highways,  for- 
bidden   34!),  §1 

SHUFFLKI50,\RD   (.see  Gaming). 

forbidden  in  jniblic  bouses  .  .     .">",  §1 

SKINS   (see  IliiiKs). 
SLANDER 

conviction  and  punishment  for  lyinj; 

no  bar  to  acti(m     ....     92,  §1 
attainted  jury  may  sue  for         .  .  320,  §1 

SLAVERY   (see  BoNDSLAVEiiv). 
SMITHS 

to  be  taxed  on  income         .         .  .    24,  §3 

SMOKINC  (see  Tobacco). 
SNAIMACKS 

musketeers  required  to  provide         .  251,  §() 
SODO.MV 

punished  by  death     .  .  .  .     15,  §8 

except  by   compulsion  or  under    14 

years 1.-,    ss 

SPEECH 

libertv  of  by  inhabitant  or  foreigner,     90,  SI 
SPINNING 

sclccliuen    to  riMjuire  each    family  to 

spin '      .  141,  §1 

time  andamount  of  production  estab- 

I'slu'il 141,  §1 

SPIRIT,  EAMIMAR  (see  Witchcraft). 

consulting  with   punished    bv  death,     H,  82 

sprin(;kii;i,I) 

county  court  of  Hampton  to  he  held 

i'l 38.  §7 

searcher  of  coin  appointed        .         .  118,  S3 
STALLION  (see  House). 
ST/LLMAX,  EfJAS 

appointed  searcher  of  coin  in  Pascnt- 

"iqua 118,  §;•, 

STOrKS  ^ 

penally  for  theft  .  .  .  .13,  §2 

drunkenness  and  tippling,    81,  §4 

l.vi"«         •  •         .  .    '.M,§1 

profane  swearing      .  .  145,  SI 

STRANGERS 

to    give    on    account    of   themselves 

immediately  on  arrival  .         .  143,  §1 

names  and  qualities  to  be  recorded  .  143,  §1 
luisted  in  all  port  towns,  143,  §1 
Christian  fugitives  to  be  succored  .  14:!,  §1 
to  enjoy  equal  protection  of  law  .  143,  §1 
not  to  be  entertained   al.ovo  8  weeks 

without  license  .         .          143,  §1  ;  226,  ^ 
to   give   security    for  admission    to 
Boston 2211,  157 


120,  §2 
-'5,  §1 

l.-,2,  §4 
38,  §8 
38,  §8 

207,  §1 


158,  §2 


109,  §9 

209,  §4 
2in  jj4 


119,  §1 


25,  §3 

37,  §7 
49,  §1 

59,  §1 

§-*«.  §1 
107.  §1 


STRANGERS,  continued. 

oatli  of  fidelity  required    . 
to  be  assessed  for  taxation 
allowance  in  trials  at  law 
special  court  for 
may  enter  action   in  any  court 
on  security 

against  another  stranger    294,  §2 
deceased,   provision   for   probate  of 

wills 

STRAYS  (see  Cattle,  Lost  Go-ous) 
STRONG  WATER  (see  Ligto»). 
STUDENTS 

of   Harvard  College  exempted   from 
military  service    . 
STURtiEON 

regulation  of  packing  and  salting 
searchers  to  be  appointed 
SUBSCRIPTION  (see  Oaths). 

required  to  no  covenant,  etc.,  except 
as  established  bv  law 
SUDBURY 

designated  as  frontier  town       .         .  247,  §5 
SUFFOLK 

ocmimissioncrs    of,    to    set    price   of 
corn        ...... 

time    and    place    of    holding  county 
court      ...... 

market-day  established     . 
fines  for  galloping  in  streets  of  Bos- 
ton to  be  jiaid  into  county  treasury, 
jurors  for  court  of    assistants  to  be 
chosen  from  .... 

coiiiiiiand  of  militia  in 

date  of  regimental  meetings     .  lit!,  §22 

committee  appointed  to  exaiiiine  war 

rates 248a 

SUFFRAtJE  (sec  Freemen,  Votes). 
SUICIDE 

to  be  burled  in  common  highway  with 
cartload  of  stones  upon  the  grave, 
SUITS,  VE.XATIOUS   (see  Actions). 

to  pav  treble  damages 
SUMMONS    (see  Attachment). 
clerk  of  writs  to  grant 
to  bo  issued  in  king's  name 
form  of,  prescribed   .... 
any  ]il:iiiititT  may  take  out 
not  atiected  by  circumstantial  errors 
to  he  served  six  days  before  court     . 
to  hrietiy  specify  the  case 
when  i>arty  may  refuse  to  appear 
to  express  in  whose  name  tiie  suit  is 

hronglit 

SUPIM.K.MKNTARY  LAWS   AND  OR- 

DKRS 

SURETY  (see  Bond). 

to  bo  given  for  costs    and   damages 

on  appeal  in  civil  cases 
also    for   good  behavior  in  criminal 
eases      ...... 

marshals  and  keepers  of  prisons  to 
accept    ...... 

SURGEONS 

not  to  use  violent  methods   without 

consent  of  patient 
to  have  precedence  at  ferries    . 
exempt    from    military  sevice  on  al 
lowance  of  two    magistrates  . 
SURVEYOR-tiENERAL 

to    give   yearly  account   of  stock   of 
ammunition    .  .  .         .  II 

to  receive  funds  or  money  collected 

as  fortifications  dues      .  .         .  140,  §5 

to  receive  port  dues  yearly  .  271,  §9 


137 

§1 

3 

§8 

29 

«l 

ii;i 

SI 

li'.2 

§1 

7 

SI 

7 

!>-' 

1  , 

§2 

7, 

§-i 

i  y 

§2 

8,  §1 


199 


3, 

§1 

3, 

§1 

1 , 

§2 

28, 
50, 

§1 

§-' 

109,  §9 


§U 


32 


Index  to  Colonial  Lawn. 


SURVEYORS 

of  vessels  in  construction  .         .  138,  §1 

of  liivrluvays,  to    be  elected  luinually 

liy  towns         .          .          .          .          .  I  (7,  §1 
penalty  for  refusal  to  servo        .         .    ;").';,  §1 
cf  {looils  ilanuiged  on  board  sliij),  ap- 
pointed    235,  §8 

to  be  chosen  yearly,    2il."),  §8 
of  land,  appointed    ....  20G,  §1) 
form  of  oath       .         .  21li;,  §10 

SWINE 

rate  of  assessment  for  taxation  .     2;!,  iji! 

reduced  .  .         .  I'.OI,  ijl 

when  brought  from 

other  colonies      .  283,  ?4 


SWINE,    continued. 

rate  of  assessment  repealed       .         .  287,  §2 

towns  to  make  orders  for  prevention 
of  darnafre  by  .... 

towns  to  appoint  officer  to  impress  . 

cattle  fences  to  be  sufficient 
against  ...... 

trespass  by        ....         . 

impounding  of  . 

disposition  of,  if  unclaimed 

to  be  marke<I  with  ear-mark  by  Eng- 
lish owners    .....  205,  §1 

use  of  ear-mark  by  Indians  forbid- 
den        .         .       ".         .         .         .  20(!,  5)1 

to  be  constantly  ringed     .         .         .  295,  §7 


145, 

«1 

145, 

§1 

145 

§2 

20, 

«l 

125, 

4)1 

140, 

§;f 

fi,  §2 
24,  §3 


88,  §1 


89 

89, 

205, 

§2 
§1 
§1 

27 

§3 

23, 

§3 

34, 

§1 

23, 

§3 

2<>, 

§1 

T.\ii.on,s 

forbidden  to  make  garments  for  chil- 
dren,  etc.,    contrary    to    order    of 
parents,  etc.  ..... 

to  be  taxed  on  income 
TANNER  (see  Leathkk,  Hides). 

forbidden  to  act  as  butcher,  currier, 
or  shoemaker,         .... 

penalty   for     selling    leather    insuf- 
ficiently tanned      .... 

no  other  may  buy  raw  hides 

rei)ealed       .... 

TAVERN  (see  Innkeeper,  License). 
not   to    entertain   children,  students, 

etc 

TAXIOS 

country  rates     ..... 
levied    only    by     general 
court     .... 
treasurer    to    issue     war- 
rant      .... 
appraisement,  when  to  be 
made     .... 
one  hundred  pounds  added 
to   levy  in   aid   of  Har- 
vard College 
proportional  allowance  to 
be    made    to    vi  luiitary 
contributors  . 
payment  in  corn 
wampum  not  acceptable 
rates  for  polls  and  est.ates 
cattle,   etc. 
reduced 

horses  and  mares 
income  tax  on  arliticers    . 
expense  of  aiijirehendim;  and  punish- 
ing Quakers  .  .     "    .  .  .  G3,  §10 
rebate  to  towns   for  bounty  [laid   for 

wolves  killed  ....  IfiO,  §3 

special  levy  on  landed  property         .  29(i  b 
county  rates,  arrears  to  be  levied  on 
warrant     of      county 
court  .         .         .  151,  §4 

corn,    etc.,    to    be    ac- 

ceiited  at  country  rate,  152,  §5 
town  rates  to  include   cost  of  minis- 
ter's house    .  45,  §!(! 
of    minister's 
maintenance,  45,  §17 
assessment  of  lands,  where  they  lie  .     23,  §2 
persons     where     they 

dwell  .  .         .  23,  §2 

lands  and  persons  out- 
side townships  .     24,  §3 
strangers     .         .         .    25,  §1 


30,  §1 


30,  §1 

24,  §3 

154,  §1 

23,  §3 

.     23,  §3 

.  301,  §1 

253,  §11 

.    24,' §3 


to     be 


23,  §3 

24,  §3 

23,  §3 

23,  §3 

24,  §  1 
212,  §12 


23,  §3 

23,  §3 
25,  3 

24,  §3 

21,  §3 
24,  §3 
23,  §3 

23,  §3 

24,  §3 

25,  §3 

2G,  §1 


TAXES,  continued. 

assessment  of  commissioner  and  board 
of  assessors  chosen 

meeting  of  . 
list  of  males  from  sixteen 
years  .... 
valuatio:'   to  be  made  in 
sixth  month, 
penalty  for  neglect 
of  sheep,  fixed  . 
merchants,     etc 

doomed    .... 
appeal  to  county  court     . 
collection  of,  by  constable 

date  of  return  of  collections, 
non-payment,     distress     of 
goods  for 
arrest   of    per- 
son 
exemption,  magistrates  and  elders  of 
churches, 
cattle    under   one     year, 

hay  and  corn 
infirm  artificers 
estates  in  England  . 
regularly  ordained  minis- 
ters       .         .  •         . 
TESTAMENT  (see  Wills). 
TESTIMONY  (see  Witness). 

of  tw»o  or  more  witnesses  required  for 

conviction  in  capital  cases     .         .  158,  §1 
magistrate  of  commissioner  may  take 

out  of  court     .       .  158,  §2 

except  in  capital  cases,  159,  §2 

to  be  recorded    .         .         .   129,  §1;   158,  §2 

of  participant  in  game  to  be  good  in 

Uiw 

THANKSGIVING  (sec  Cmiitcii). 
day  of,  churches  to  celebrate    . 

every  person  to    attend  wor- 
ship    ..... 
TIIEET 

from  orchard  or  garden,  etc. 
one  magistr.ate  may  determine   small 
cases    . 
right  to  appeal  from, 
of    goods    in    value    above    10    shil- 
lings ..... 
concealment  of  .... 
penalty  of  neglect  to  prosecute 
TILES 

earth  for,  regulation  of  digging 
prescribed  for  roofs  in  Boston  . 
TING.   EDWAUI) 

member   of  committee    on    soldiers' 
relief     ......  247 


58, 

§2 

43, 

§■ 

45, 

§15 

13, 

§2 

13, 
13, 

§2 
§2 

13, 
13, 
14 

§3 
SI 

14fi 
2G9 

S' 

S2 

Index  to  Colonial  Lan-; 


33 


TIPPLING   (see    Drunkenness,    Inn- 

kkepek). 
forbidden  in  public  liouses  more  than 

half  an  liour,  etc.    .         .     80,  §4 

penalty  for  ....  2H.">,  ijH 

in  wine-cellars,  etc.     .         .    81,  §7 

retailers,  householders,  etc.    81,  §7 

TITHING-MEN 

selectmen  to  appoint  .         .  249,  §1 

to     be     chosen     annually    in     pre- 
cincts   .         .         .         .■     L'70,  §.?;  341,  §fl 
duties  prescribed       .         .        271),  ij:!,  341,  §7 
oath  ....     271,  §:.;  341,  «}« 

penalty  for  refusal  to  serve        .         .  275,  §4 
power  to  arrest  disorderly  persons     .  250,  §1 
idle  persons       .         .         .  339,  §2 
Sabbath-breakers      .         .  339,  §3 
to  inspect  licensed  bouses,  259,  §3;  339,  <5"l  ; 

340,  §.■) 
taking  o.-ith  of  fidelity  .  257,  §1 ;  340,  §4 
allowance  for  service  .  .  .  259,  §3 

TITLE   (see   ^)keds,  Estate,  Inhekit- 
axce). 
a  criminal  offence  to  resist  judgment 

of  court  conceniiti'.;         .         .         .     1I,§'- 

fraudulent 32,  §3 

assured    by  five   years'  undisturbed 

possession        .         .         .    124,  §1  ;  200,  §5 
TOBACCO 

takers  to   be  presented   by  constable 

to  magistrate  .         .         .         .    Cfi,  §1 

use  of,  forbidden  near  houses,  etc.    .  14(!,  §1 
in  inns,    except    In 

private  room       .  140,  §1 
TOLL 

for  grinding  corn,  established  .         .  100,  §1 
TOLL   BOOK   (see  Cattle,  Clerk  ok 
Whits). 
of  cattle  and  horses   to  hp  kc'pt  by 

clerk  of  writs         ....  147,  §1 
TORTUHE 

not  to  be  applied  before  conviction  .  129,  (Jl 
in  capital  case,  to  compel   e.xposure 

of  ccmfederates       .  .  .  .  129,  §1 

not  to  be  barbarous  or  inhuman  .  129,  §1 

TOWNS 

to  set  boundaries  within  12  months  .     10,  §1 
to    perambulate     and      renew 

marks  ....     10,  §1 

to  pay  proportionate  cost  of  bridiies  in 

country  highways  .  .  .     12,  §1 

to     impress      workmen      to      repair 

bridges 12,  §3 

to  |iay  damages  for  injury  by  defect- 

tive  highways,  etc.         .         .         .12,  §2 

to  establish  brand-mark  for  cattle    .     l.s,  ij-' 

to  dispose  of  lands  and  woods  .         .  147,  ijl 

in  fee  simple      .         .  .  353,  ^1 

confirmation  of      .  .  354,  iJ2 

no  deed  required         .  .     32,  §2 

to  grant  lots 117,  IJI 

to  choose  ofHcers  annually         .         .  147,^1 
to    make    laws,    not     criminal,    with 

penalty  to  twenty  shillings     .         .  147,  §1 
to  levy  penalties  by  distress       .  .  147,  §1 

to   choose    selectmen    yearly,  or  for 

less  time  .         .         .  148,  §2 

instructions    in  writing         .  148,  §2 
to  dispose   of  single  persons,  etc.,  to 

service  ....     148,  §3;   149,  §7 
to  impose  fine  for  refusal  to  serve  ns 

constable 148,  §5 

to   make   orders  for   prevention    of 

damage  by  swine,  145,  §1 
penalty  for  neglect,  14ti,  §3 


TOWNS,  continved. 

to  nominate  clerk  of  writs  .         .    29,  §1 

to  nominate  magistrates  annually  .  47,  §3 
to  choose  yearly  surveyors  of  goods 

damaged  on  board  ships  .         .  209,  §8 

to  appoint  gangers,  etc.     .         .         .     16,  §1 
searchers   and  sealers  of 

leathe.  .         .         .    89,  §» 

to  provide  seal  for  .  89,  §4 
toappoint  cullers  of  bricks  .  .  321,  §4 
maritime,  to   appoint   measurers    of 

salt 135,  §1 

of  fifty  householders  to  employ  teach- 
er         -.  136,  §1 

of  one  hundred  householders  to  main- 
tain grammar  school       .         .         .  136,  §2 
to  assist   Indians   in  fencing  ]ilanted 

ground  ......     76,  §7 

to  pay  damages   for  injury  by  cattle 

to  Indians'  corn-fields    .         .         .     70,  §7 
to   apiiropriate    no    great    pond  to  a 

particular  jjcrson  .         .         .         .    91,  §2 

to  establish  a  suHicient  jmund  .         .  124,  §1 
to    entertain     strangers     not     above 

three  weeks  without  license  .         .  143,  §1 
to  provide  a  sufficient  watch-house,    112,  §15 
safe   storage  for  amnmni- 

tion  .         .         .         .112,  §15 

to  pay  bounty  for  wcdves  killed         .  160,  §J 
not  liable  it  killed  out- 
side bounds     .         .  325,  §4 
to  pay  charges  of  care  of  insane        .  24S,  §9 
settlement  of  paupers  .  .  .  123,  §1 

clerk  to    read  the   Sabbath    laws    at 

some  public  meeting'       .         .         272,  §10 
horse-racing    forbidilen   within   four 

miles  of  .....  347,  §1 

to  provide  flints  for  soldiers       .         237,  §13 
on  frontier,  to  send  aid  in  distress     .  247,  §5 
firearms    to    he  distributed    propor- 
tionally among       ....  227,  §3 

deserted,    regulations    of     re-settle- 
ment        207,  §10 

meeting,  liberty  of  s|ieecli  and    peti- 
tion       .        " 90,  §1 

qualifications  of  voters  in  .         .  148,  §t 

restriction  of  common  jirivileges  .  U9,  §0 
charges  of,  how  assessed  .  23,  §2,  3 

TH.VDE 

with  Indians       .....     75.  §2 
reumlation  of  licenses  fur  .         .  7».  §12 
Ti;.U)KSMKN 

to  be  taxed  on  income         .  .  .     24,  §3 

TI{.\l)lN't;-ll()lSES 

unauthorized,  to  be  demolished  .     70,  §5 

with  Indians,  abolished      .  .  237,  §14 

THAINING  (see  Militia). 

))ersons  exempt  from  .         .         .  109,  §9 

to  be  held  six  days  yearly  .         .  108,  §5 

reduced  to  four  days  .  200,  §2 

penally  for  absence  from,  204,  §3;  2(>0,  §4 
iishei-men  nmst  atlen  1  when  at  home,  209,  §2 
masters   of   vessels   in  foreign   trade 

only  exempt   ....  221,  §10 

sale  of  liquors  at,  forbidden       .         .  205,  §1 
TRAVEL 

on  the  Lord's  day,  forbidden    .         .  134,  §4 
from  town  to  tou  ii  on  riotous  pleas- 
ure, penalty    ....  236,  §12 
TREASON 

defined       15.  §12 

punished  by  death  .  .  15.  §12;  263,  §3 
no  limit  to  time  in  which  indictment 

may  he  brought      ....    79.  §1 
oath  to  disclose  .         .         .         .  '.'62,  ijl 


34 


Index  to   Colon lul  Lain 


TREASUREK 

TREASURER,  continued. 

of  the  country 

elected  by  ballot        .  47,  §2  ; 

of  tlie  country , powers  continued  after 

274,  §1 ;   281',  §:! 

ex]iiration  ol  term  .         .         .         . 

330, 

§3 

Ciith  prescribed,           Ifio,  ijl'J 

of  county,  clioscn  annually   by   free- 

seal of  office        .          .  72,  §12 

men         .         .         .         . 

i.-.o 

§2 

4,'eiieral  cliilics  of          .  1"jO,  §I 

clerk  of  county  court  ineli- 

to  issue   warrant  for 

gible       .         .         .         . 

150, 

§2 

collection    of  fines 

general  duties  of 

150, 

§2 

from  general  court 

to  defray  charges  of  hue- 

or  court  of    assist- 

and-cry. 

31, 

§2 

ants         .         .         .  151,  i)4 

to  receive  all  fines     . 

151, 

§3 

fees    ....  1">1,  ji4 

to   issue  warrant  for  col- 

to account  yearly       .  151,  §4 

lection   .         .         .         . 

151, 

§4 

to  issue  warrants  for 

fees  .         .         .         .         . 

151, 

>^4 

tax  levy  .         .         .     2:3,  §3 

to  account  yearly  to  county 

to  receive  and  account 

court     .         .         .         . 

151, 

§4 

for  taxes          .         .    24,  §3 

to  present  names   of  neg- 

to  distrain    constable 

ligent  constables  . 

152, 

§5 

for  neylect     .         .    25,  §  t 

to    accejit    corn,    etc.,    at 

forbidden     to    accept 

country  rates 

152, 

§5 

wampum  in  ta.\es  .  154,  ijl 

to  have  powers  like  coun- 

to   defrav   charges  of 

try  treasurer 

151, 

§5 

hue-and-cry  ".         .     31,  §2 

TRESPASS  (see  Actions). 

to  pay  cliarges  of  el- 

liy cattle  upon  fenceil  fields 

18, 

§3 

ders  on  |iublic  ser- 

involuntar.v, no  damage     . 

18, 

S3 

vice         .         .         .44,  §13 

by  goats 

18, 

§4 

to  pay  charges  of  wit- 

liy swine  or  calves      .         .         .         . 

20, 

«»1 

nesses    in    criminal 

tu)t  exceeding  forty  shillings,  to  be 

cases       .         .         .  159,  §3 

determined  by  any  magistrate  . 

20, 

§1 

levy  on  delinquent,  159,  §3 

or  by  commissioners    . 

20, 

§1 

to   receive   taxes  for 

by  fishermen  upon  timlier  lands  for- 

sale    of    liquors  in 

liidden  unless  licensed   . 

52, 

§1 

licensed  houses       .     69,  §4 

on    corn    or    meadow    forbidden    to 

to  empower  collector 

fishers  and  fowlers 

91, 

§2 

of  customs  in  port 

TRI.VL  (see   Action,  Causes,  Courts, 

towns      .         .         .70,  §3 

.TuRons). 

to    execute     customs 

to  be  first  held  in  inferior  court 

152, 

§1 

laws        .         .         .71,  §10 

review  on  new  evidence     . 

152, 

§1 

to  appoint  deputies     .  72,  §10 

final  apjjcal  to  general  court 

152, 

§1 

to  appeal  to  governor 

choice  of  trial  by  bench  or  bench  and 

and  council  in  doubt- 

.i'li-y      ■ 

152, 

§2 

ful  cases          .         .  72,  §12 

challenge  of  jurors     .         .         .         . 

1.52, 

§3 

to    collect    excise    on 

dispensations  to  cliihlren,  etc.   . 

152, 

§t 

wine        .         .         .  82,  §11 

TROOl'EUS  (see  Mii.itia). 

may  substitute  deiiu- 

to  furnish  themselves  with  carbines, 

226, 

§2 

ties  in  towns   .         .  82,  §11 

repeal  of  exemption  ironi  rates 

22S, 

§2 

to   grant    licenses    to 

regulations  for  enlisting    . 

207, 

§8 

trade  with   Indians,  78,  §12 

privileges  of,  revised              113,  §16; 

281, 

§2 

to  jiay  boumy  for  kill- 

repealed 

287. 

§1 

ing  wolves       .         .  159,  §1 

special  order  for  assessment  of 

296 

,  h 

to    allow     rebate     to 

order  allowing  Major  Pike  to  enlist 

counties  and  towns,  IGO,  §2 

from  foot  soldiers  .         .         .         . 

313 

§J 

to   distribute    [iriuted 

TRUCKING     HOUSES    (see    Tkadino 

copies     of    acts    of 

Houses). 

general  court          .  210,  §7 

TRUST 

to  pay  liills   of  towns 

of  gifts  and  legacies  to  colleges,  etc. 

9, 

§1 

on    .account  of  war 

TURTOODAS 

disbursements          240,  §2,'? 

salt,  not  to  be  used  in  curing  fish 

54, 

§« 

UNPrED   COLONIES 

form  of  commissioners' 
UNTIMEl-Y   DEATH 

•  inquest  upon 


u 


credentials  .   1C3,  §3 
.     39,  §1 


UNWHOLESOME    PEER  (see  BREWEns). 

penalty  for  furnishing        .         .         .     11,  §1 
USURY  (see  Inteuest). 

contrary  to  the  law  of  God,  forbidden   153,  §1 


VAGABOND 

to  be  apprehended  without  warrant,    153,  §1 
punislnnent  of  ....    153,  §1 

Quakers,  orders  concerning      .         .   62,  §10 
VALUATION  UK  ESl'ATES  (see  Taxes). 


VERDICT  (see  .luitoRs). 
special 
partial 

failure  to  agree 
to  be  recorded 


87,  §3 
87,  §:J 
87,  §4 
129,  §1 


Index  lo  Colonial  Lau-a. 


35 


VERDICT,  continued. 

lil)CTty  of  frcL-incn  in  rendering         .    153,  §1 
silence   to  be  counted  in  the  nega- 
tive .         .         .         ...  153,  §1 

corrupt  or  erroneous,  proceedings  in 

case  of 201.  §1 

repeal  of  law  allowing  magistrates 

to  refuse 202,  §1 

must  be  eivcn  upon  merits  of  case,  272,  §12 
VEllKX.    II ILL  [AH  I) 

ajipointed  sliiiiping-ofticcr  of  Salem, 

Uluucoster  and  Marbleliead  .         .   l.'!9,  §3 
appointed  collector  of  port  dues  for 

Siilom  and  Marblebead  .         .  271,  §9 

siipiTseded  by  Benj.  Gerrish     .         .  313,  §0 
VESSKLS     (see     Customs,     Fiskinc, 
Maritime      Akfaiks,      Sailors, 
Wrpx'k). 
survey  of,  in  construction         .         .  108,  §1 
sbip-carpenturs    to    be 

appointed  to  view      .    138,  §1 
to  condemn  l)a<l  timber 

and  worknimisliip       .  139,  §1 
regulations  concerning;  ballast  .       !),  §1 

liarbor  dues  to  be  paid  .  .  .  0!>,  §3 
right  of  passage  when  tide  flows  .  91,  §2 
foreign  traders  to  have  freedom  of 

harbors,  etc.  .  139,  §2 
port  charges  upon  .  140,  §5 
must      acknowledge 

government  .    141,  §G 

officer  of  shipping  appointed     .  .    139,  §3 

duties  and  fees  .  139,  §3 
rates  of  wharfage  ....  I.lfi,  §1 
regulation  of  anchorage  at  Boston  .  l'>7,  §3 
penalty  for  casting  dirt  into  cove  .  157,  §3 
port  dues  established         .  .         .   271,  §9 

coasters  exempted  from  giving  bonds 

of  entry  and  clearance            .         .   290,  §1 
regulations  of  entry  and  clearance    .   298 
trade  witli  ship  forbidden  until  anchor- 
ed in  port 299,  §1 

in  distress  at  sea        .         .  100,  §2G 

owners,  majority  to  agree  in  setting 

forth'        ....     93,  §1 
protest  against  charter         .     93,  §2 
liberty  to  sell  his  share        .     94,  §3 
may  order  change  of  voyage     95,  §9 
may  recover  ilamages  from 
master  and  men  for  neg- 
lect ....  9i;,  §11 
liable  with  master  for  loss 
to  shipi)er  by  deficiency 
of  vessel  .  .  .   97,  §15 
master  of,  exempt  from  militarv  ser- 
vice.         ."         .    109,  §9 
only  if  in  foreign 

trade  .  1'21,  §10 

no    attachments    to    issue 

against  without  security,  294,  §2 
in  refusal  of  part  owner 
may  take  up  on  bottom- 
ry ....     93,  §1 
to  have  single  vote  with 
owners   in   ordering  of 
vessel    .  .  .  .94,  §3 
liable  fordamage  by  negli- 
gence or  incompetency,     94,  §4 
to    make    written    agree- 
ment with  sailors           .     94,  §5 
to    provide    victuals    and 
drink    for    seamen    and 
passengers    .         .          .     95,  §t! 
to    ship    or   entertain    no 
teaman  already  engaged,   95,  §7 


VESSELS,  continued. 

master  of,  to     enter      only     charter 

ports  .  .  .  .  95.  §8 
may  alter  voyage  on  order,  95,  §9 
to  ])ay  wages  promptly  at 

end  of  voyage        .         .  96,  §10 
liable  for  damages  by  neg- 
lect        .         .  96,  §11 
by     fouling     at 

moorage  .  96,  §12 

by  running  down 
vessel  at  an- 
chor .  .  97,  §13 
by  breakingloose 
from  anchor- 
age .  .  98,  §17 
by  deficiency  of 

vessel      .  .  97,  §15 

of  goods  at  sea  .  97,  §16 
to    appoint   watch    at   sea 

and  in  harbor       .  .  99,  §21 

to  entertain  no  one  on 
board  at  unseasonable 
times     .  .  .99,  §2+ 

tostay  by  vessel  in  distress.  100,  §26 
to  give  bond  of  vessel  in 

port  ....  139,  §3 
regulation  of  conduct  on 

board    ....   140,  §4 
to   contribute    powder   or 
money     in    support    of 
fortifications  .         .140,  §5 

to  bring  passengers,  stran- 
gers, before  magistrate 
for  examination  imme- 
diately on  arrival  .  143,  §1 
to  deliver  no  goods  with- 
out order  from  collector 
of  port  .         .         .  72,  §13 

to  ol)serve  acts  of  naviga- 
tion and  trade         .  358,  §2 
to    make    satisfaction  for 

damaged  goods      .        '.  295,  §8 
forbidden  to  receive  raw 
hides  for  ex- 
port, 64,  §1;  205,  §2 
horses,   unless 

registered  .  65,  §1 
sheep's  wool  .  219,  §2 
coin  .  .  118,  §2 
pipestaves  un- 

viewed  .    122,  §1 

servant  or  ne- 
gro  as   pas- 
senger with- 
out permit  .  281,  §1 
penalty    for    bringing    in 

Quakers  or  heretics  .  60,  §4 
penalty      for      neglecting 

measurement  of  salt  .  135,  §1 
penalty  for  refusal  to  pay 

liort'dues       .  .         .   271,  §9 

regulations        concerning 
import  of  wines  and  liq- 
uors      ....  329,  §1 
sailors  to  receive  no  credit  at  public 

lumses         ....  293.  §1 
process  for  debt  void  against,  293.  §1 
desertion  of    .         .         .         .  99,  §22 
how  punished  .  99,  §23 

mutiny  and  piracy  .  211,§9 

inefficient  pilot,  etc.,  to  forfeit 

wages  .         .         .         .98,  §20 

to  keep  watch  at  sea  and  in 

harbor         ....  99,  §21 


36 


Index  to   Colonliil   Lctirs. 


VICTUALLEKS,  (see  iNNKEErERS,  Li- 
censes). 

to  be  tiixed  on  income 
VIEWEliS 

nf  j)i|)est:ivos  (sec  Pipi:staves") 
outli  prescribi'd 

offisli  (see  Fisii)  oalli  pr.'scribeil, 
VIEW    OF    AKMS    (see  Mii.itia). 
VILLAINAGE  (see  I?o.Nrisi,AVERY). 
VINTNEK  (see  Innkeeper,  Wine). 


24,  S:! 


22 

,  «1 

K 

1). 

^■A2 

1 

0, 

m 

VOLUNTEERS  (see  Militia). 

to  lie  suli.ject  to  all  martial  Liw-s        .  242,  §,'? 

VOTE  (see  Elections.  Bai.i.ot). 

freemen  only  to  vote         .         .         .  47,  §1 

]ienalty  for   illeiral      ....  47,  §1 

Quakers,  etc.,  disfraneliised      .         .  48,  §5 

liberty  of,  to  freemen         .         .         .  1.53,  §1 

silence  to  be  counteil  in  tbe  neiiative,  153,  §1 
penalty  on  moderator  for  refusal  to 

put  vote 153,  §1 


w 


WAGES  (see  Servants). 
freemen  in  towns  to  fi.x 
to  be  paid  in  corn 
penalty  for  e.\actin;j:  e.xcessive 


•  1114,  §4 
.  105,  §5 
120,  §1; 
T.'A),  §  1 1 

of  porters    in   Boston    and    Charles- 
town  to  be  fixe<l  by  selectmen         .  124,  §1 
of   men  who   work    for   absent    sol- 
diers       ....  238,  §18;   245,  §1 
of  idle  persons    in   house   of  correc- 
tion          2'.)4,  i^4 

WAMPUM 

legal  tender  in  pavment  of  debts  to 

40  shilling's  .  .  154,  §1 

except  country  taxes     .  154,  §1 
WAR  (see  Militia). 

laws  and  ordinances  of      .         .         .  220 
relief  of  jiersons   driven  from   their 

habitations  by         .         .         .  238,  §ir, 
disbursements  of  towns   in,  how  set- 
tled           240,  §23 

with  Indians  (see  Indian  War). 
WARD,   SAMUEL 

ajipointed  searclier  of  coin  in  Marble- 

liead 118,  §3 

AV.\RK.\NT    (see  Arrest,   Con.stable, 
Colrts,    Execution,     Summons, 
Taxes). 
WATCH  (see  Militia,  Sentinel). 

constable's,  from  first  of  May  to  end 

of  September        .         .  154,  §1 
constable  or  selectmen  to 

oriler    .         .         .         .  154,  ijl 
charj^e  to  .  .  .  154,  §1 

duties  of .         .         .         .  154,  §1 
penalty     for    refusal     to 

serve  ....    154,  §1 
every    able-bodied     man 

liable   ....  155,  §1 
such  as  live  at  a  distance 

exempt  .         .         .  155,  §1 

exemption  of  magistrates, 

etc 155,  §2 

military,  exemption  from  service  in,  114,  §18 
towns  to  provide  a  suflicient  watch- 
house,    112,  §15 

WATERTOWN 

fairs  established  ....     41),  §1 

WAYS  (see  llionw^v.s). 
WEIGHTS  (see  Wliohts  and  Measures). 

millers  to  provide,  with  scales  .  .  100,  §1 

new  standard  from  En(;hind       .         .  21)1,  §1 
WEIGHTS   AND   MEASURES 

country  standards  to  be  provided  by 

treasurer  .         .  155,  §1 
for  towns,  by  con- 
stable        .         .  155,  §1 
to    be    sealed    by 

treasurer  .         .  155,  §1 
kept  in  custody  by 

selectmen  .  155,  ^1 


WEIGHTS  AND  MEASUI{ES,  continued. 

sealers,  selectmen  to  appoint     .         .  155,  §1 
to  inspect  and  seal  with  town 

seal  for  cattle     .         .         .  150,  §1 

to  destroy  false  weights,  etc.,  150,  §1 

penalty  ....  150,  §1 

further  brass  weights  provided  .  2T2,  §13 

new  standard  from  England,  27!),  §3;  2!)1,  §1 

WEYMOirril 

rates  of  ferriage  established       .         .    50,  §1 
WHALE 

cast  ashore,  to  belongto  the  country,  101,  §1 
WHARFAGE 

rates  established  .  .  .  .  150,  §1 
wharfinger  may  levy  on  goods  .  .  157,  §1 
regulation  of  anclu)rage  at  Boston  .  157,  §2 
penalty  for  casting  dirt  into  cove  .  157,  §3 
WHARFINGER  (see  Wiiaui-a<;e). 

to  collect  dues  and  penalties      .         .  157,  §1 
WHE.VT   (see  Bakers,  Bread,  Market). 

weight  of  bread  regulated  by  price  of,    8,  §1 
middle    price    of,    to     be    |)ublished 

montiily 288,  §4 

prohibition  of  import         .         .         .  108,  §2 
suspended  .         .  239,  §19 

WHIPPING 

punishment   for  burglary   and  high- 
way robbery         .     13,  §1 
))ilfering  and'lheft  .     13,  §2 
unautliorizeii  use  of 

horse  .  .  .  19,  §5 
disobedient  children 

anil  servants  27,  §2 

reviling  magistrates 

orm'inisters,3fi,§fl;61,§7 
setting  tire  to  barn, 

etc.  .  .  .  51,  §2 
gaming  .  .  .  58,  §2 
denving    Scriptures 

to  be  word  of  God,  59,  §2 
vagabond     t^uakers 

at  carl's  tail  .  02,  §10 

fornication  .  .  54,  §1 
lying  .  .  .  91,  §1 
unrnlv  sailors  .  98,  §19; 

100,' §25 
wife-beating      and 

husband-beating,  101,  §1 
rescue      or     iiound 

breach  .  .  125,  §2 

]i  r  o  f  a  n  a  t  i  o  n    of 

Lord's  day.  .  133,  §1 
sporting  in  streets 
or  fields,  or  drink- 
ing in  public 
houses  after  sun- 
set Saturday  or 
Sunday  .  .  133,  §2 
neglecting    to     pay 

fines     .         .        ".  133.  §3 


profane  cursing 


I  I.- 


Index  to   Colonial  Ltivs. 


37 


WHIPPING,   continued. 

WITNESS  (see  Evidekce,  Testimoky) 

. 

punisnment  for  va'^'abondape    . 

1.j3 

§1 

two  or  more  required  in  capital  cases. 

158,  §1 

diunkcnncss  in  In- 

evidence of,  may  be  taken  out  of  court 

158,  §2 

dians    . 

78, 

§11 

except  in  capital  cases, 

159,  §2 

b.lwdiMV 

208 

§••5 

allowance  for  travel  and  expenses     . 

159,  §  i 

nii>l)cliavior  of  eliil- 

fine  for  non-appear.ance    . 

159,  §3 

(Irt-n  in  nu-ctini;  . 

234 

§6 

charges  to  be  borne  by  delinquent 

159,  §3 

cliililrenalisi'ntfriini 

oath  prescribed 

1G7,  §22 

families  at  ni),'lit  . 

2:'.fi 

P 

WOLVKS 

violatiiin  of  license. 

352 

§3 

bounty  for  killing      .... 

159,  §1 

upon  commitment  to  liouse  of  correc- 

payable by  town    or   county 

tion        

127 

§3 

within  whose  bounds  they 

in     default    of  payment  of    fine    for 

are  killed  .... 

325,  §  4 

sellin;?  liquor  to  Indians 

?12, 

§1.5 

special  bounty  to  Indians 

IGIJ,  §2 

not  al)Ovc  40  stripes  at  one  time 

129 

§1 

additional  act  in   encourage- 

to be  administered  only  for  shame- 

ment ..... 

100,  §3 

ful  crime 

129 

§1 

WOMEN  (see  Dowry,  Marriage,  Wife). 

constable  lo  inflict     .... 

31 

§1 

to  he  required  to  spin 

141,  §1 

WHOIUODOM 

single,  or  wife  in  husband's  absence 

, 

I)umshnient  for           .... 

208 

§3 

to  lodge  no  one  without  consent    . 

21G,  §4 

WIDOW 

WOOD 

dowry 

42 

§1 

towns  to  grant  rights  in  lands 

147,  §1 

court  to  assign   portion  of  estate  ol 

restricticlions  upon    . 

149,  §G 

intestate  husband  .... 

158 

§3 

measurers  of  . 

15G,  §2 

WIFE  (see  Makkiagk). 

assize  of,  by  boat-load     . 

160,  §1 

jieiialty  for  strikini;  husband 

101 

§1 

measurement  of  cord  established     . 

160,  §1 

in   absence   of    husband   to  take    no 

WOOL 

lod-jer  without  consent  of  authority. 

21G 

§■» 

penalty       for      selling      improperly 

WILLS  (see     Auministratoh,    Kstatk, 

cleaned 

138,  §3 

Lecacie.s). 

exportation  of,  forbidden 

219,  §2 

ajie  to  make 

1, 

§1 

inspectors  of,  appointed     . 

219,  §2 

trustees  under,  to  account  to  county 

WOUl)   OF  GOD  (see  Doctrine,  Her- 

courts  

9, 

SI 

esy,  Scriptures). 

penalty  for  forginf;    .... 

54, 

§1 

trial  according  to,  by  general   court. 

1.§1 

houses  or  lands  granted  by 

32 

§2 

liberty  of  churches  under 

43,  *1 

fee  of  clerk  of  court  for  attcstinjr     . 

130, 

§1 

penalty  for  disjiaragenient  of    . 

44,  §13 

to   be    entered  for   probate   at   next 

books  designated  as  the  written  and 

county  court ..... 

157, 

§1 

infallible 

•">9,  §2 

duties  of  executors  and  administra- 

penalty for  denial  of 

59,  §2 

tors         

157, 

§1 

for  second  offence 

CO,  §3 

administration  granted  in  vacation  of 

to  prevail  in  moral  cases  against  cus- 

court 

158, 

§2 

tom  or  prescription 

126,  §1 

to   next  of  kin  of  in- 

WOHKMEN 

testate     . 

1.58, 

§2 

artificers  required  to  labor  at  harvest. 

161,  §1 

jurisdicti(m  of  county  court 

158, 

§3 

gift  of  li<iu(>r  to,  forbidden 

202,  §1 

powers   of  county  court   in  adminis- 

pay fixed  for   men   impressed  to  har- 

tration   ....     330,  §5; 

333, 

§1 

vest  corn  of  absent  siddiers  .          238,  §18 

WINIC  (see  CfSToMS,  Licenses). 

WORSHIP  (see  Chlrch,  Idolatry). 

import  duty  upon       .... 

67, 

§1 

freedom  of          ....          . 

43.  §6 

doubled.         .          .          2.")3, 

^0 

penalty  for  disturbing 

44,  §14 

suspended 

304. 

§1 

for  absence  from 

45,  §15 

continued 

312, 

§1 

non-attendance  upon,  works  disfran- 

tax upon  sales  of       ...         . 

69, 

§1 

chisement       

48,  §5 

vintners  to  a<<ount   to  treasurer  for 

of  (Quakers,  forbidden 

250,  §3 

purchases  and  sales 

82, 

511 

WHECK 

excise  to  he  paid  in  wine 

82, 

^11 

duty  of  seamen  in  case  of         .          100,  §27 

not    to    be    given    to    workmen    or 

persons   and    goods  to  be   harbored 

boys       .         

202, 

§1 

and  protected          .... 

161,  §1 

sale  of,  at  training,  forbidden    . 

2r,5, 

§1 

WRITS    (see    Actions,     Attachment, 

reiiulations  of  entrv  .... 

329, 

§1 

Constable,  Execittion). 

WITCHCR.AFT 

to  be  issued  in  the  king's  name 

IGl,  §1 

punished  by  death     .... 

14, 

§1 

clerk  of  (see  Clerk  of  Writs). 

YEAR 

of  regimental  meetings  fixed     . 
YORK 

county  court  of  Yorkshire  to  be  held 


116,  §22 


37,  §7 


Y'ORKSHIRE 

time  and  place  of  holding  county  court,  37,  §7 

dale  of  regimental  meetings      .  IIG,  §22 

compensation  of  major  .         116,  §22 

YOL'TH  (see  Children,  Maih,  Parents). 


'^m 


